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Case F-73/13: Judgment of the Civil Service Tribunal (First Chamber) of 17 March 2015 — AX v ECB (Civil service — ECB staff — Disciplinary proceedings — Disciplinary measure — Dismissal — Rights of the defence — Access to the disciplinary file — Access to information and documents on other divisions — Reasonable time — Lawfulness of the composition of the Disciplinary Committee — Advisory role of the Disciplinary Committee — Stricter disciplinary measure than that recommended — Obligation to state reasons — Management of a division — Manifest error of assessment — Proportionality of the disciplinary measure — Extenuating circumstances — Aggravating circumstances — Objection of illegality)
ECLI:EU:UNKNOWN:62013FA0073
62013FA0073
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4.5.2015
Official Journal of the European Union
C 146/43
(Case F-73/13) (<span class="super">1</span>)
((Civil service - ECB staff - Disciplinary proceedings - Disciplinary measure - Dismissal - Rights of the defence - Access to the disciplinary file - Access to information and documents on other divisions - Reasonable time - Lawfulness of the composition of the Disciplinary Committee - Advisory role of the Disciplinary Committee - Stricter disciplinary measure than that recommended - Obligation to state reasons - Management of a division - Manifest error of assessment - Proportionality of the disciplinary measure - Extenuating circumstances - Aggravating circumstances - Objection of illegality))
(2015/C 146/57)
Language of the case: English
Parties
Applicant: AX (represented by: L. Levi, lawyer)
Defendant: European Central Bank (represented by: M. López Torres and E. Carlini, acting as Agents, assisted by B. Wägenbaur, lawyer)
Re:
Application to annul the decision to dismiss the applicant following disciplinary proceedings instigated for serious misconduct and for compensation in respect of the non-material harm allegedly suffered.
Operative part of the judgment
The Tribunal:
1)Dismisses the action;
2)Declares that AX is to bear his own costs and orders him to pay the costs incurred by the European Central Bank.
(<span class="super">1</span>) OJ C 274, 21.9.2013, p. 33.