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Case T-588/16: Judgment of the General Court of 28 April 2017 — HN v Commission (Civil Service — Officials — Regulation (EU, Euratom) No 1023/2013 — Reform of the Staff Regulations — New career rules and rules for promotion to grades AD 13 and AD 14 — Officials of grade AD 12 — Exercise of particular responsibilities — Article 30(3) of Annex XIII to the Staff Regulations — Promotion year 2014 — Request to be categorised in the type of post ‘Adviser or equivalent’ — Lack of response from the Appointing Authority — Promotion year 2015 — Fresh request to be categorised in the type of post ‘Adviser or equivalent’ or ‘Head of unit or equivalent’ — Rejected by the Appointing Authority — Confirmatory nature of the refusal of categorisation in the type of post ‘Adviser or equivalent’ — Requirements related to the pre-litigation procedure — Inadmissibility)
ECLI:EU:UNKNOWN:62016TA0588
62016TA0588
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Valentina R., lawyer
19.6.2017
Official Journal of the European Union
C 195/28
(Case T-588/16) (<span class="super note-tag">1</span>)
((Civil Service - Officials - Regulation (EU, Euratom) No 1023/2013 - Reform of the Staff Regulations - New career rules and rules for promotion to grades AD 13 and AD 14 - Officials of grade AD 12 - Exercise of particular responsibilities - Article 30(3) of Annex XIII to the Staff Regulations - Promotion year 2014 - Request to be categorised in the type of post ‘Adviser or equivalent’ - Lack of response from the Appointing Authority - Promotion year 2015 - Fresh request to be categorised in the type of post ‘Adviser or equivalent’ or ‘Head of unit or equivalent’ - Rejected by the Appointing Authority - Confirmatory nature of the refusal of categorisation in the type of post ‘Adviser or equivalent’ - Requirements related to the pre-litigation procedure - Inadmissibility))
(2017/C 195/39)
Language of the case: French
Parties
Applicant: HN (represented by: F. Sciaudone and R. Sciaudone, lawyers)
Defendant: European Commission (represented by: E. Ehrbar and A-C. Simon, acting as Agents, and B. Wägenbaur, lawyer)
Re:
Application on the basis of Article 270 TFEU seeking in particular the annulment of ‘the decision rejecting the [applicant’s] request to be regarded as exercising particular responsibilities giving rise to his categorisation in the type of post [of] “Adviser or equivalent” under Article 30(3) of Annex XIII of the [new] Staff Regulations’ and Decision SEC(2013) 691 of 18 December 2013, entitled “Communication to the Commission amending the Rules governing the composition of the Members’ Cabinets and the Spokespersons’.”
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr HN to pay the costs.
(<span class="super">1</span>) OJ C 251, 11.7.2016 (case initially registered before the European Union Civil Service Tribunal under number F-18/16 and transferred to the General Court of the European Union on 1.9.2016).