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Case F-5/14: Judgment of the Civil Service Tribunal (First Chamber) of 18 June 2015 — CX v Commission (Civil Service — Officials — Disciplinary penalty — Removal from post — Failure by the Appointing Authority to hear the official concerned — Failure to uphold the right to be heard)
ECLI:EU:UNKNOWN:62014FA0005
62014FA0005
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Valentina R., lawyer
27.7.2015
Official Journal of the European Union
C 245/47
(Case F-5/14) (<span class="super">1</span>)
((Civil Service - Officials - Disciplinary penalty - Removal from post - Failure by the Appointing Authority to hear the official concerned - Failure to uphold the right to be heard))
(2015/C 245/58)
Language of the case: French
Parties
Applicant: CX (represented by: É. Boigelot, lawyer)
Defendant: European Commission (represented by: J. Currall and C. Ehrbar, acting as Agents)
Re:
Application to annul the Commission’s decision to remove the applicant from his post under Article 9(1)(h) of Annex IX to the Staff Regulations without reducing his pension entitlement following an internal investigation begun following an investigation by OLAF opened against an undertaking, and a claim for damages and interest for the non-material and material harm allegedly suffered.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of 16 October 2013 by which the European Commission imposed the penalty of removal from his post on CX without reducing his pension entitlement;
2.Dismisses the remainder of the action;
3.Orders the European Commission to bear its own costs and to pay the costs incurred by CX, including those of the interim proceedings in Case F-5/14 R.
(<span class="note"> <a id="ntr1-C_2015245EN.01004702-E0001" href="#ntc1-C_2015245EN.01004702-E0001">*1</a> </span>) OJ C 85, 22.3.2014, p. 27.