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Case T-11/17: Judgment of the General Court of 7 February 2019 — RK v Council (Civil service — Officials — Article 42c of the Staff Regulations — Placing official on leave in the interests of the service — Equal treatment — Prohibition of discrimination on the grounds of age — Manifest error of assessment — Right to be heard — Duty to have regard for the welfare of officials — Responsibility)
ECLI:EU:UNKNOWN:62017TA0011
62017TA0011
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18.3.2019
Official Journal of the European Union
C 103/23
(Case T-11/17) (<span class="super note-tag">1</span>)
((Civil service - Officials - Article 42c of the Staff Regulations - Placing official on leave in the interests of the service - Equal treatment - Prohibition of discrimination on the grounds of age - Manifest error of assessment - Right to be heard - Duty to have regard for the welfare of officials - Responsibility))
(2019/C 103/29)
Language of the case: French
Parties
Applicant: RK (represented initially by: L. Levi and A. Tymen and subsequently by L. Levi, lawyers)
Defendant: Council of the European Union (represented by M. Bauer and R. Meyer, acting as Agents)
Intervener in support of the defendant: European Parliament (represented by A. Troupiotis and J. A. Steele, acting as Agents)
Re:
Application based on 270 TFEU and seeking, first, annulment of the undated decision of the Council 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, in so far as necessary, of the decision of 27 September 2016 rejecting the complaint lodged by the applicant and, secondly, compensation for the loss allegedly suffered by the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders RK to bear 80 % of her own costs.
3.Orders the Council of the European Union to bear its own costs and 20 % of the costs incurred by RK.
4.Orders the European Parliament to pay its own costs.
(<span class="note"> <a id="ntr1-C_2019103EN.01002301-E0001" href="#ntc1-C_2019103EN.01002301-E0001">*1</a> </span>) OJ C 95, 27.3.2017.