CELEX: 62018TA0217
Language: en
Date: 2019-09-10 00:00:00
Title: Case T-217/18: Judgment of the General Court of 10 September 2019 — DK v EEAS (Civil service — Disciplinary proceedings — Criminal conviction — Penalty of withholding an amount from the pension — Manifest error of assessment — Proportionality — Obligation to state reasons — Mitigating circumstances — Liability)

21.10.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 357/30
            
         
      Judgment of the General Court of 10 September 2019 — DK v EEAS
      (Case T-217/18) (1)
      
      (Civil service - Disciplinary proceedings - Criminal conviction - Penalty of withholding an amount from the pension - Manifest error of assessment - Proportionality - Obligation to state reasons - Mitigating circumstances - Liability)
      (2019/C 357/36)
      Language of the case: French
      
         Parties
      
      
         Applicant: DK (represented by: S. Orlandi and T. Martin, lawyers)
      
         Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents)
      
         Re:
      
      Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 23 May 2017 to impose on the applicant a disciplinary penalty and, secondly, compensation for the harm allegedly suffered by the applicant as a result of the EEAS’ infringement of his rights of defence in the criminal proceedings brought against him before the Belgian courts.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders DK to pay the costs.
                  
               
            
         (1)  OJ C 211, 18.6.2018.