This document is an excerpt from the EUR-Lex website
Document 62016TJ0578
Judgment of the General Court (Seventh Chamber) of 8 September 2017.
Evelyne Gillet v European Commission.
Civil service — Contract staff — Former employed worker under Belgian law — Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 — Recalculation of the amount of the allowance by the administration in the context of an update of management procedures — Act adversely affecting an official or other member of staff — Act which is merely confirmatory — Obligation to state reasons — Recovery of sums overpaid.
Case T-578/16.
Judgment of the General Court (Seventh Chamber) of 8 September 2017.
Evelyne Gillet v European Commission.
Civil service — Contract staff — Former employed worker under Belgian law — Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 — Recalculation of the amount of the allowance by the administration in the context of an update of management procedures — Act adversely affecting an official or other member of staff — Act which is merely confirmatory — Obligation to state reasons — Recovery of sums overpaid.
Case T-578/16.
Court reports – general
Judgment of the General Court (Seventh Chamber) of 8 September 2017 — Gillet v Commission
(Case T‑578/16)
(Civil service — Contract staff — Former employed worker under Belgian law — Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 — Recalculation of the amount of the allowance by the administration in the context of an update of management procedures — Act adversely affecting an official or other member of staff — Act which is merely confirmatory — Obligation to state reasons — Recovery of sums overpaid)
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Actions brought by officials — Acts adversely affecting an official — Concept — Salary statement — Inclusion normally allowed for the purpose of exercising right of action — Pay slip merely affirming an earlier administrative decision — Not included (Staff Regulations, Arts 90(2), and 91(3)) (see paras 27-29, 36) |
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Actions brought by officials — Prior administrative complaint — Time-limits — Claim barred by lapse of time — Excusable error — Concept (Staff Regulations, Arts 90(2), and 91(2)) (see paras 38, 39) |
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Actions brought by officials — Time-limits — Point from which time starts to run — Notification — Lack of an insufficient reasoning for a duly notified decision — Irrelevant (Staff Regulations, Arts 90 and 91) (see para. 49) |
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EU law — Principles — Principle of sound administration — Obligation to state reasons for decisions adversely affecting an official (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41) (see paras 56-59, 69) |
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Officials — Members of the contract staff — Remuneration — Compensation for lowering of renumeration of staff previously employed under staff regulations of national law — Account taken of the promotion of the person concerned in calculating the amount of his compensation — Breach of the principle of equal treatment (Conditions of Employment of Other Servants of the European Communities, Annex, Art. 2(2)) (see paras 85-88) |
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Officials — Conditions of Employment of Other Servants of the European Communities — Equal treatment — Application of a transitional regime — Account taken of the personal situation of each person concerned at the precise moment of change of the staff regulations (see paras 89, 90) |
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Officials — Recovery of undue payments — Conditions — Patent overpayment — Criteria (Staff Regulations, Art. 85) (see paras 96-100) |
Re:
APPLICATION based on Article 270 TFEU and seeking the annulment of the Commission’s decisions of 12 December 2014 and of 9 April 2015 and subsequent salary statements that reduce the amount of the allowance paid to the applicant, who was employed under an employment contract of indeterminate duration governed by Belgian law, and that require the repayment of amounts overpaid.
Operative part
The Court:
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Annuls the European Commission’s decision of 9 April 2015 in so far as it seeks to recover the amount of EUR 3 959.38 under Article 85 of the Staff Regulations of Officials of the European Union and Article 116 of the Conditions of Employment of Other Servants of the European Union; |
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Dismisses the remainder of the action; |
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Orders Ms Évelyne Gillet to bear her own costs; |
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Orders the European Commission to bear its own costs. |