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Case F-80/08: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Wenig v Commission (Staff cases — Officials — Disciplinary procedure — Suspension of an official — Withholding of salary — Allegation of serious fault — Rights of the defence — Powers — Failure to publish a delegation of powers — Author of the contested measure lacking powers)
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Official Journal of the European Union
C 24/75
(Case F-80/08)(1)
(Staff cases - Officials - Disciplinary procedure - Suspension of an official - Withholding of salary - Allegation of serious fault - Rights of the defence - Powers - Failure to publish a delegation of powers - Author of the contested measure lacking powers)
2010/C 24/138
Language of the case: French
Parties
Applicant: Fritz Harald Wenig (Woluwé-Saint-Pierre, Belgium) (represented by: G.-A. Dal, D. Voillemot, D. Bosquet and S. Woog, lawyers)
Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)
Re:
Annulment of the Commission’s decision to suspend the applicant and to order EUR 1 000 per month to be withheld from his remuneration.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of 18 September 2008 by which the Commission of the European Communities, pursuant to Articles 23 and 24 of Annex IX to the Staff Regulations of Officials of the European Communities, suspended Mr Wenig for an indefinite period and ordered an amount of EUR 1 000 per month to be withheld from his remuneration for a maximum period of six months;
2.Orders the Commission of the European Communities to pay the costs of the main proceedings;
3.Orders each party to bear their own costs in the application for interim measures.
* * *
(1) OJ C 313, 6.12.2008, p. 59.