DECISION OF THE COURT OF JUSTICE (Reviewing Chamber)

19 March 2018 (*1)

(Review)

In Case C‑141/18 RX,

PROPOSAL for review made by the First Advocate General, pursuant to Article 62 of the Statute of the Court of Justice of the European Union, on 22 February 2018

THE COURT (Reviewing Chamber),

composed of M. Ilešič (Rapporteur), President of the Chamber, A. Rosas, C. Toader, A. Prechal and E. Jarašiūnas, Judges,

makes the following

Decision

The proposal for review made by the First Advocate General concerns the judgment of the General Court of the European Union (Appeal Chamber) of 23 January 2018, FV v Council (T‑639/16 P, EU:T:2018:22). By that judgment, the General Court set aside the judgment of the Civil Service Tribunal of the European Union of 28 June 2016, FV v Council (F‑40/15, EU:F:2016:137), by which that Tribunal dismissed an action for annulment of an appraisal report for the period from 1 January to 31 December 2013. The General Court took the view that the Chamber of the Civil Service Tribunal that delivered that judgment had been improperly constituted.

2.2

It follows from Article 256(2) TFEU that decisions given by the General Court of the European Union on appeal against decisions of the Civil Service Tribunal of the European Union may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute of the Court of Justice of the European Union, where there is a serious risk that the unity or consistency of EU law may be affected.

3.3

In that regard, Article 62 of the Statute provides that the First Advocate General may, where he considers that there is a serious risk of the unity or consistency of EU law being affected, propose that the Court of Justice review the decision of the General Court.

Whilst setting out the specific reasons that led him to bring the matter before the Reviewing Chamber in the present case, the First Advocate General indicates, in the proposal for review which he has submitted to the Court, that, in his view, ‘the judgment of the General Court of 23 January 2018, FV v Council (T‑639/16 P, EU:T:2018:22), does not, in its legal reasoning, constitute a serious risk that the unity or consistency of EU law may be affected’.

5.5

Thus, it follows from the proposal for review made by the First Advocate General that the formal conditions under Article 62 of the Statute of the Court of Justice of the European Union, which must be satisfied in order for the Reviewing Chamber to be able to rule on whether that judgment of the General Court poses a serious risk that the unity or consistency of EU law may be affected and, therefore, on whether that judgment should be reviewed, are not met in the present case.

On those grounds, the Court of Justice (Reviewing Chamber) decides:

It is not necessary to review the judgment of the General Court of the European Union (Appeal Chamber) of 23 January 2018, FV v Council (T‑639/16 P, EU:T:2018:22).

[Signatures]

(*1) Language of the case: French.