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Case T-26/15 P: Appeal brought on 20 January 2015 by European Commission against the judgment of the Civil Service Tribunal of 13 November 2014 in Case F-2/12, Hristov v Commission and EMA
ECLI:EU:UNKNOWN:62015TN0026
62015TN0026
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Official Journal of the European Union
C 118/32
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(Case T-26/15 P)
(2015/C 118/40)
Language of the case: Bulgarian
Parties
Appellant: European Commission (represented by J. Currall, N. Nikolova and S. Petrova)
Other parties to the proceedings: Emil Hristov, European Medicines Agency (EMA)
Form of order sought by the appellant
The appellant claims that the Court should:
—set aside the judgment of the European Civil Service Tribunal of 13 November 2014 in Case F-2/12 Hristov v Commission and EMA,
—refer the case back to the Civil Service Tribunal, for a ruling on the other pleas in support of the appeal,
—reserve the costs of the appeal.
Pleas in law and main arguments
In support of the appeal, the appellant relies on three pleas in law:
—the Civil Service Tribunal infringed EU law by attributing to the principle of good administration a scope which it does not have;
—in the alternative, the Civil Service Tribunal infringed the principle of proportionality by failing to determine, before making the annulment, whether the failure to observe the principle of good administration could have affected the contents of the contested decision;
—in the further alternative, the Civil Service Tribunal, in any event, infringed EU law by failing to balance the respective interests and failing to limit the effects of its judgments.
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