27.4.2013

EN

Official Journal of the European Union

C 123/12

(Case C-86/13)

2013/C 123/19

Language of the case: French

Parties

Applicant: European Commission (represented by: J. Currall, D. Martin and J.-P. Keppenne, Agents)

Defendant: Council of the European Union

Form of order sought

—Annul the Council’s decision of 20 December 2012 by which it refused to adopt the Commission’s proposal for a Council Regulation adjusting, with the effect from 1 July 2012, the remuneration and pensions of the officials and other servants of the European Union and the correction coefficients applied thereto;

—order Council of the European Union to pay the costs.

Pleas in law and main arguments

The Commission relies on three pleas in law in support of its action.

The first plea alleges infringement of Article 65 of the Staff Regulations and Articles 1, 3 and 10 of Annex XI to the Regulations, in that, in the absence of any proposal by the Commission to apply the exception clause in Article 10 of Annex XI, the Council was required to adopt, before 31 December 2012, the proposal for the annual adjustment of the remuneration and pensions of the officials and other servants of the European Union submitted by the Commission, in accordance with Article 3 of Annex XI. The Council does not have the authority to adopt a decision applying, in essence, Article 10, without an appropriate Commission proposal or without the participation of the Parliament, its co-legislator under Article 10.

The second plea alleges infringement of Article 64 of the Staff Regulations and Articles 1 and 3 of Annex XI thereto, in that the Council failed to adopt, even though required to do so, the new correction coefficients to be applied to remuneration and pensions, which were proposed by the Commission in order to ensure equal treatment as between officials and pensioners irrespective of their place of employment or residence, as the case may be.

The third plea alleges complete failure to state reasons, since the Council simply stated that the qualified majority necessary for the adoption the Commission’s proposal in accordance with Article 3 of Annex XI was not reached, without explaining why it had disregarded the proposal. This plea is directed at both the adjustment of remuneration and pensions and the adoption of new correction coefficients.