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Case T-217/18: Judgment of the General Court of 10 September 2019 — DK v EEAS (Civil service — Disciplinary proceedings — Criminal conviction — Penalty of withholding an amount from the pension — Manifest error of assessment — Proportionality — Obligation to state reasons — Mitigating circumstances — Liability)
ECLI:EU:UNKNOWN:62018TA0217
62018TA0217
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Official Journal of the European Union
C 357/30
(Case T-217/18) (<span class="super note-tag">1</span>)
(Civil service - Disciplinary proceedings - Criminal conviction - Penalty of withholding an amount from the pension - Manifest error of assessment - Proportionality - Obligation to state reasons - Mitigating circumstances - Liability)
(2019/C 357/36)
Language of the case: French
Parties
Applicant: DK (represented by: S. Orlandi and T. Martin, lawyers)
Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents)
Re:
Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 23 May 2017 to impose on the applicant a disciplinary penalty and, secondly, compensation for the harm allegedly suffered by the applicant as a result of the EEAS’ infringement of his rights of defence in the criminal proceedings brought against him before the Belgian courts.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders DK to pay the costs.
(<span class="note">1</span>) OJ C 211, 18.6.2018.