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Case T-539/16: Order of the General Court of 14 December 2018 — GM and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional measures relating to classification in the types of posts — Article 31 of Annex XIII to the Staff Regulations — Assistants in transition — Promotion pursuant to Article 45 of the Staff Regulations authorised only within the career streams corresponding to the type of post held — Exclusion of AST 9 officials from the promotion procedure — No act having an adverse effect — Confirmatory measure — Lis pendens — Manifest inadmissibility — Article 129 of the Rules of Procedure — Objection of inadmissibility — Article 130 of the Rules of Procedure)
ECLI:EU:UNKNOWN:62016TB0539
62016TB0539
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Official Journal of the European Union
C 65/33
(Case T-539/16) (*)
((Civil service - Officials - Reform of the Staff Regulations - Regulation (EU, Euratom) No 1023/2013 - Types of posts - Transitional measures relating to classification in the types of posts - Article 31 of Annex XIII to the Staff Regulations - Assistants in transition - Promotion pursuant to Article 45 of the Staff Regulations authorised only within the career streams corresponding to the type of post held - Exclusion of AST 9 officials from the promotion procedure - No act having an adverse effect - Confirmatory measure - Lis pendens - Manifest inadmissibility - Article 129 of the Rules of Procedure - Objection of inadmissibility - Article 130 of the Rules of Procedure))
(2019/C 65/41)
Language of the case: French
Parties
Applicants: GM, GN, GO and GP (represented by: T. Bontinck and A. Guillerme, lawyers)
Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, subsequently by C. Berardis-Kayser and G. Gattinara, and finally by G. Berscheid and G. Gattinara, acting as Agents)
Re:
Action under Article 270 TFEU seeking annulment of the decisions of the Commission by which the appointing authority of that institution classified the applicants as holding the post of ‘Assistant in transition’, resulting in the loss, with effect from 1 January 2014, of their eligibility for promotion to the next higher grade.
Operative part of the order
1.The action is dismissed as being manifestly inadmissible.
2.The European Commission shall bear its own costs and pay half of the costs incurred by GM, GN, GO and GP.
3.GM, GN, GO and GP shall bear half of their own costs.
4.The European Parliament and the Council of the European Union shall bear their own costs relating to their respective applications for leave to intervene.
(*) Language of the case: French.
(case initially registered before the European Union Civil Service Tribunal under Case No F-16/15 and transferred to the General Court of the European Union on 1.9.2016).