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Case T-646/16 P: Judgment of the General Court of 19 July 2018 — Simpson v Council (Appeal — Civil service — Officials — Upgrade — Classification in grade — Decision not to award the applicant grade AD 9 after he had passed a grade AD 9 open competition — Dismissal of the action at first instance after referral back by the General Court — Composition of the panel of judges which adopted the order at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the right to a judge assigned by law)

ECLI:EU:UNKNOWN:62016TA0646

62016TA0646

July 19, 2018
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Official Journal of the European Union

C 364/11

(Case T-646/16 P) (*)

((Appeal - Civil service - Officials - Upgrade - Classification in grade - Decision not to award the applicant grade AD 9 after he had passed a grade AD 9 open competition - Dismissal of the action at first instance after referral back by the General Court - Composition of the panel of judges which adopted the order at first instance - Procedure for appointment of a judge to the Civil Service Tribunal - Tribunal established by law - Principle of the right to a judge assigned by law))

(2018/C 364/10)

Language of the case: English

Parties

Appellant: Erik Simpson (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Other party to the proceedings: Council of the European Union (represented by: M. Bauer and E. Rebasti, acting as Agents)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Second Chamber) of 24 June 2016, Simpson v Council, (F-142/11 RENV, EU:F:2016:136), and seeking to have that order set aside.

Operative part of the judgment

The Court:

1.Sets aside the order of the European Union Civil Service Tribunal (Second Chamber) of 24 June 2016, Simpson v Council (F-142/11 RENV);

2.Refers the case to a chamber of the General Court other than that which ruled on the present appeal;

3.Reserves the costs.

(*)

Language of the case: English.

(1) OJ C 419, 14.11.2016.

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