23.10.2017

Official Journal of the European Union

C 357/11

(Case T-578/16)(1)

((Civil service - Contract staff - Former employed worker under Belgian law - Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 - Recalculation of the amount of the allowance by the administration in the context of an update of management procedures - Act adversely affecting an official or other member of staff - Act which is merely confirmatory - Obligation to state reasons - Recovery of sums overpaid))

(2017/C 357/14)

Language of the case: French

Parties

Applicant: Évelyne Gillet (Brussels, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: G. Berscheid and C. Berardis-Kayser, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking the annulment of the Commission’s decisions of 12 December 2014 and of 9 April 2015 and subsequent salary statements that reduce the amount of the allowance paid to the applicant, who was employed under an employment contract of indeterminate duration governed by Belgian law, and that require the repayment of amounts overpaid.

Operative part of the judgment

The Court:

1.Annuls the European Commission’s decision of 9 April 2015 in so far as it seeks to recover the amount of EUR 3 959,38 under Article 85 of the Staff Regulations of Officials of the European Union and Article 116 of the Conditions of Employment of Other Servants of the European Union;

2.Dismisses the remainder of the action;

3.Orders Ms Évelyne Gillet to bear her own costs;

4.Orders the European Commission to bear its own costs.

(1)

OJ C 145 of 25.4.2016 (case originally registered before the European Union Civil Service Tribunal under case number F-7/16 and transferred to the General Court of the European Union on 1.9.2016).