26.5.2014 |
EN |
Official Journal of the European Union |
C 159/27 |
Appeal brought on 21 February 2014 by Carlos Andres and 150 other applicants against the judgment of the Civil Service Tribunal of 11 December 2013 in Case F-15/10, Andres and Others v ECB
(Case T-129/14 P)
2014/C 159/38
Language of the case: French
Parties
Appellants: Carlos Andres (Frankfurt am Main, Germany) and 150 other appellants (represented by: L. Levi, lawyer)
Other party to the proceedings: European Central Bank (ECB)
Form of order sought by the appellant
— |
Annul the judgment of the Civil Service Tribunal of the European Union of 11 December 2013 in Case F-15/10; |
— |
Consequently, uphold the claims of the appellants at first instance and, accordingly,
|
— |
Order the respondent to the appeal to pay all the costs of both sets of proceedings. |
Pleas in law and main arguments
In support of the appeal, the appellants rely on eight pleas in law.
1. |
First plea in law, alleging infringement of Article 6.8 of Annex III to the Conditions of Employment, an infringement of the principles of legality and of legal certainty and infringement of Article 35(1)(e) of the Rules of Procedure of the Civil Service Tribunal. |
2. |
Second plea in law, alleging infringement of the powers of the Supervisory Committee, infringement of Annex III to the Conditions of Employment and of the mandate of the Supervisory Committee, and infringement of the principle of good faith. |
3. |
Third plea in law, alleging infringement of the right of consultation of the Staff Committee and of the Supervisory Committee, infringement of the principle of good faith, infringement of Articles 45 and 46 of the Conditions of Employment, infringement of the Memorandum of Understanding on relations between the Executive Board and the Staff Committee of the ECB, infringement of Annex III to the Conditions of Employment and of the mandate of the Supervisory Committee, and distortion of the file. |
4. |
Fourth plea in law, alleging infringement of Article 6.3 of the pension plan, infringement of the review of the grounds of the decision of 4 May 2009, distortion of the file and infringement of the principle of sound financial management. |
5. |
Fifth plea in law, alleging infringement of the review of the manifest error of assessment and distortion of the file. |
6. |
Sixth plea in law, alleging infringement of the principle of proportionality, failure to state reasons, distortion of the file and infringement of the evidence. |
7. |
Seventh plea in law, alleging failure to acknowledge the difference between a contractual employment relationship and an employment relationship covered by the Staff Regulations, infringement of the fundamental terms of the employment relationship and infringement of Directive 91/533. (1) |
8. |
Eighth plea in law, alleging infringement of acquired rights. |
(1) Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform the employees of the conditions applicable to the contract or employment relationship directive (OJ 1991 L 288, p. 32).