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Case C-196/12: Judgment of the Court (Grand Chamber) of 19 November 2013 — European Commission v Council of the European Union (Action for failure to act — Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Adjustment of correction coefficients — Council decision — Refusal to adopt the Commission’s proposal — Failure to act — Inadmissibility)

ECLI:EU:UNKNOWN:62012CA0196

62012CA0196

November 19, 2013
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8.2.2014

Official Journal of the European Union

C 39/4

(Case C-196/12) (<span class="super">1</span>)

(Action for failure to act - Annual adjustment of the remuneration and pensions of officials and other servants of the European Union - Staff Regulations - Adjustment of correction coefficients - Council decision - Refusal to adopt the Commission’s proposal - Failure to act - Inadmissibility)

2014/C 39/07

Language of the case: French

Parties

Applicant: European Commission (represented by: J. Currall, D. Martin and J.P. Keppenne, acting as Agents)

Intervener in support of the applicant: European Parliament (represented by: A. Neergaard and S. Seyr, acting as Agents)

Defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents), Kingdom of Spain (represented by: N. Díaz Abad and S. Centeno Huerta, acting as Agents), Kingdom of the Netherlands (represented by C. Wissels and M. Bulterman, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and J. Beeko, acting as Agents, and R. Palmer, Barrister)

Re:

Action for failure to act — Council’s unlawful failure to adopt the Commission’s proposal for a Council Regulation under Article 3 of Annex XI to the Staff Regulations adjusting, as from 1<span class="super">st</span> July 2011, the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applying thereto — Refusal to adjust correction coefficients relating to places of employment — Infringement of Articles 64 and 65 of the Staff Regulations and Articles 1, 3 and 10 of Annex XI to the Staff Regulations.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the European Commission to pay the costs;

3.Orders the Federal Republic of Germany, the Kingdom of Spain, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the European Parliament to bear their own costs.

(<span class="super">1</span>) OJ C 184, 23.6.2012.

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