4.7.2016

Official Journal of the European Union

C 243/44

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(Case T-232/16 P)

(2016/C 243/49)

Language of the case: French

Parties

Appellant: European Commission (represented by: G. Berscheid and G. Gattinara, acting as Agents)

Other parties to the proceedings: Jürgen Frieberger (Woluwe-Saint-Lambert, Belgium) and Benjamin Vallin (Saint-Gilles, Belgium)

Form of order sought by the appellant

The appellant claims that the Court should:

—set aside the judgment of the Civil Service Tribunal of 2 March 2016 in Case F-3/15, Frieberger and Vallin v Commission, in so far as the Civil Service Tribunal held the fourth plea in law to be well founded;

—as regards the proceedings at first instance, in so far as the Civil Service Tribunal took the view that the state of proceedings permitted it to give final judgment, dismiss the action as unfounded and order the appellants to pay the costs;

—as regards the appeal proceedings, order the parties to bear their own costs relating to those proceedings.

Grounds of appeal and main arguments

In support of the appeal, the appellant relies on five grounds of appeal.

1.First ground of appeal, alleging a distortion of the arguments raised at first instance and an infringement of the prohibition on ruling ultra petita.

2.Second ground of appeal, alleging an error of law in the interpretation of Article 26(5) of Annex XIII to the Staff Regulations.

3.Third ground of appeal, alleging an error of law in the interpretation of the notion of transfer of pension rights under Article 11(2) of Annex VIII to the Staff Regulations.

4.Fourth ground of appeal, alleging an infringement of the obligation to state reasons.

5.Fifth ground of appeal, alleging an infringement of the principle of equal treatment.

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