11.3.2019

Official Journal of the European Union

C 93/47

(Case T-750/16) (<span class="oj-super oj-note-tag">1</span>)

((Civil Service - Officials - Article 42c of the Staff Regulations - Leave in the interests of the service - Equal treatment - Prohibition of discrimination on grounds of age - Manifest error of assessment - Liability))

(2019/C 93/57)

Language of the case: French

Parties

Applicant: FV (represented by: initially, L. Levi and A. Tymen, and subsequently, L. Levi, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: A. Troupiotis and J. A. Steele, acting as Agents); and European Commission (represented by: G. Berscheid and D. Martin, acting as Agents)

Re:

Application pursuant to Article 270 TFEU and seeking, first, annulment of the decision of the Council of 8 December 2015 to place the applicant on leave in the interests of the service on the basis of Article 42c of the Staff Regulations of Officials of the European Union and, if necessary, the decision of 19 July 2016 rejecting the complaint brought by the applicant and, secondly, compensation for the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1.Annuls the decision of 8 December 2015 by which FV has been placed on leave in the interests of the service;

2.Dismisses the action as to the remainder;

3.Orders the Council of the European Union to bear its own costs and to pay the costs incurred by FV;

4.Orders the European Parliament and the European Commission to bear their own costs.

(<span class="oj-super">1</span>) OJ C 6, 9.1.2017.