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Case T-669/22: Judgment of the General Court of 2 October 2024 – IP v Commission (Civil service – Members of the contract staff – Disciplinary proceedings – Disciplinary penalty – Termination of the contract without notice – OLAF investigation – Reimbursement of medical expenses – Article 266 TFEU – Decision adopted to implement a judgment of the General Court – Measures necessary to implement a judgment delivered in an action for annulment – Res judicata – Procedural defect – Article 12 of Annex IX to the Staff Regulations – Consultation of the Disciplinary Board – Rights of the defence – Liability – Material and non-material damage)
ECLI:EU:UNKNOWN:62022TA0669
62022TA0669
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Official Journal of the European Union
C series
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C/2024/6933
25.11.2024
(Case T-669/22)
(Civil service - Members of the contract staff - Disciplinary proceedings - Disciplinary penalty - Termination of the contract without notice - OLAF investigation - Reimbursement of medical expenses - Article 266 TFEU - Decision adopted to implement a judgment of the General Court - Measures necessary to implement a judgment delivered in an action for annulment - Res judicata - Procedural defect - Article 12 of Annex IX to the Staff Regulations - Consultation of the Disciplinary Board - Rights of the defence - Liability - Material and non-material damage)
(C/2024/6933)
Language of the case: Portuguese
Parties
Applicant: IP (represented by: J. Martins, lawyer)
Defendant: European Commission (represented by: M. Brauhoff, acting as Agent)
Re:
By his action based on Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European Commission of 18 January 2022 by which the Commission imposed on him the disciplinary penalty of termination of his contract of employment without notice and, second, compensation for the damage which he claims to have suffered as a result of that decision.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Commission of 18 January 2022 imposing on IP the disciplinary penalty of termination without notice of his contract of employment;
2.Dismisses the action as to the remainder;
3.Declares that the parties are to bear their own costs.
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Language of the case: Portuguese.
ELI: http://data.europa.eu/eli/C/2024/6933/oj
ISSN 1977-091X (electronic edition)
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