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Case T-22/20: Judgment of the General Court of 13 October 2021 — IB v EUIPO (Civil service — Officials — Disciplinary proceedings — Suspension of the invalidity procedure during the disciplinary proceedings — Removal from post — Invalidity procedure which has become devoid of purpose following removal from post — Action for annulment — Act adversely affecting an official — Admissibility — Principle of sound administration — Duty to have regard for the welfare of officials — Manifest error of assessment)
ECLI:EU:UNKNOWN:62020TA0022
62020TA0022
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6.12.2021
Official Journal of the European Union
C 490/34
(Case T-22/20) (*)
(Civil service - Officials - Disciplinary proceedings - Suspension of the invalidity procedure during the disciplinary proceedings - Removal from post - Invalidity procedure which has become devoid of purpose following removal from post - Action for annulment - Act adversely affecting an official - Admissibility - Principle of sound administration - Duty to have regard for the welfare of officials - Manifest error of assessment)
(2021/C 490/36)
Language of the case: French
Parties
Applicant: IB (represented by: N. de Montigny, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent, and B. Wägenbaur, lawyer)
Re:
Application based on Article 270 TFEU seeking the annulment of the decision of EUIPO of 14 March 2019 in so far as, first, it removes the applicant from his post without reducing his entitlement to a pension and, second, it definitively closes the applicant’s invalidity procedure.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Union Intellectual Property Office (EUIPO) of 14 March 2019 in so far as it definitively closes IB’s invalidity procedure;
2.Dismisses the application as to the remainder.
3.Orders each party to bear its own costs.
(*) Language of the case: French.
(1) OJ C 68, 2.3.2020.
ECLI:EU:C:2021:140