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Case F-107/13: Judgment of the Civil Service Tribunal (Third Chamber) of 15 October 2014 — de Brito Sequeira Carvalho v Commission (Staff case — Officials — Retired official — Disciplinary proceedings — Disciplinary measure — Pension deduction — Examination of the incriminating witness by the Disciplinary Board — Failure to hear from the official concerned — Failure to respect the right to be heard)
ECLI:EU:UNKNOWN:62013FA0107
62013FA0107
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24.11.2014
Official Journal of the European Union
C 421/52
(Case F-107/13) (<span class="super">1</span>)
((Staff case - Officials - Retired official - Disciplinary proceedings - Disciplinary measure - Pension deduction - Examination of the incriminating witness by the Disciplinary Board - Failure to hear from the official concerned - Failure to respect the right to be heard))
2014/C 421/73
Language of the case: French
Parties
Applicant: José Antonio de Brito Sequeira Carvalho (Lisbon, Portugal) (represented by: É. Boigelot and R. Murru, lawyers)
Defendant: European Commission (represented by: J. Currall and C. Ehrbar, acting as Agents)
Subject-matter of proceedings
Application for annulment of the decision of the Commission to impose a disciplinary measure on the applicant under Article 9(2) of Annex IX to the Staff Regulations and requests for damages for the non-pecuniary harm allegedly suffered and reimbursement of amounts already deducted.
Operative part of the judgment
The Tribunal:
1)Annuls the decision of the European Commission of 14 March 2013 imposing on Mr de Brito Sequeira Carvalho, for disciplinary reasons, a deduction of one third of his net monthly pension amount for a period of two years.
2)Dismisses the remainder of the action.
3)Order the European Commission is to bear its own costs and to pay the costs incurred by M. de Brito Sequeira Carvalho.
(<span class="note"> <a id="ntr1-C_2014421EN.01005202-E0001" href="#ntc1-C_2014421EN.01005202-E0001">*1</a> </span>) OJ 2004 C 24, p. 41.