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Case T-270/16 P: Judgment of the General Court of 14 February 2017 — Kerstens v Commission (Appeal — Civil Service — Officials — Dismissal of the action at first instance — Acts contrary to the dignity of the civil service — Dissemination of insulting remarks with regard to another official — Disciplinary proceedings — Enquiry in the form of an examination of the facts — Disciplinary penalty of a reprimand — Procedural irregularity — Consequences of the irregularity)

ECLI:EU:UNKNOWN:62016TA0270

62016TA0270

February 14, 2017
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Official Journal of the European Union

C 95/12

(Case T-270/16 P) (<span class="super note-tag">1</span>)

((Appeal - Civil Service - Officials - Dismissal of the action at first instance - Acts contrary to the dignity of the civil service - Dissemination of insulting remarks with regard to another official - Disciplinary proceedings - Enquiry in the form of an examination of the facts - Disciplinary penalty of a reprimand - Procedural irregularity - Consequences of the irregularity))

(2017/C 095/20)

Language of the case: French

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Other party to the proceedings: European Commission (represented by: T. Bohr and C. Ehrbar, Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 18 March 2016, Kerstens v Commission (F-23/15, EU:F:2016:65), and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1.Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 18 March 2016, Kerstens v Commission (F-23/15, EU:F:2016:65) in so far as it rejects the claim for annulment of the European Commission’s decision of 15 April 2014 imposing a reprimand on Mr Petrus Kerstens;

2.Annuls the Commission’s decision of 15 April 2014 imposing a reprimand on Mr Kerstens;

3.Orders the Commission to pay the costs of the proceedings on appeal and of the proceedings at first instance.

(<span class="note"> <a id="ntr1-C_2017095EN.01001201-E0001" href="#ntc1-C_2017095EN.01001201-E0001">*1</a> </span>) OJ C 260, 18.7.2016.

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