Action brought on 26 April 2012 — European Commission v Council of the European Union

(Case C-196/12)

2012/C 184/11

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

Pleas in law and main arguments

By the present action, the applicant submits that the Council has departed from the Commission’s Proposal for a Council Regulation adjusting with the effect from 1 July 2011 the remuneration and pensions of officials under 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. In the submission of the applicant, the Council is not empowered to depart from that obligation on the ground that it is of the view that the Commission ought to have submitted to it a proposal under Article 10 of Annex XI. In any event, the fundamental conditions for Article 10 to apply were not met in 2011 as is, moreover, apparent from two economic reports submitted by the Commission to the Council at the request of the Council. By adopting Decision 2011/866/EU (1) itself under Article 10 of Annex XI to the Staff Regulations, the Council thus infringed the required institutional conditions.

The Commission also complains that the Council has refused to adjust the correction coefficients which must be applied to the remuneration and pensions according to the different places of work or residence of the persons concerned. In the view of the applicant, it cannot be disputed that the ‘decision’ of the Council is entirely silent on that point, the reasoning underlying it referring exclusively to the ‘exception clause’ of Article 10 of Annex XI. The Council’s attitude must therefore be regarded as an unlawful refusal to act.

(1)  Council Decision 2011/866/EU of 19 December 2011 concerning the Commission’s proposal for a Council Regulation adjusting with the effect from 1 July 2011 the remuneration and pension of the officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2011 L 341, p. 54).