15.6.2013

EN

Official Journal of the European Union

C 171/25

(Case C-248/13)

2013/C 171/48

Language of the case: French

Parties

Applicant: European Commission (represented by: J. Currall, J.-P. Keppenne and D. Martin, acting as Agents)

Defendant: Council of the European Union

Form of order sought

—Declare that, by failing to adopt the Commission’s proposal for a Council Regulation adjusting, with the effect from 1 July 2012, the remuneration and pensions of the officials and other servants of the European Union and the correction coefficients applied to the remuneration and pensions, the Council has failed to fulfil its obligations under the Staff Regulations;

—order the Council of the European Union to pay the costs.

Pleas in law and main arguments

By the present action, the applicant submits that the Council unlawfully refrained from adopting the Commission’s proposal for a regulation adjusting the remuneration and pensions of the officials and other servants of the European Union pursuant to Article 3 of Annex XI to the Staff Regulations, despite the fact that it is apparent from the mandatory terms of that article that the method for the annual adjustment of the remuneration and pensions is an automatic procedure which leaves the Council no discretion. The abovementioned article obliges the Council to adopt the Commission’s proposal before 31 December of the current year. The Commission complains that the Council merely noted that it had no qualified majority to adopt the Commission’s proposal concerning, firstly, the adjustment of salaries and, secondly, the correction coefficients provided for in Annex XI of the Staff Regulations. In the submission of the applicant, the Council has in fact, without any grounds, applied Article 10 of Annex XI, ignoring the Commission and Parliament’s prerogatives. By so doing, the Council has infringed not only the provisions referred to above but also the principle of institutional balance, while committing an misuse of powers.