Judgment of the General Court of 24 November 2021 — CX v Commission

(Case T-743/16 RENV II) (1)

(Civil service - Officials - Disciplinary measure - Removal from post - OLAF investigation - Unauthorised and clandestine negotiation of a contract - Conflict of interests - Certification of a non-compliant invoice - Rights of the defence - Right to be heard - Repeated absence of the applicant and his lawyer from the disciplinary hearing - Legal certainty - Legitimate expectations - Proportionality - Reasonable time - Principle ne bis in idem - Manifest error of assessment - Obligation to state reasons)

(2022/C 37/33)

Language of the case: French

Parties

Applicant: CX (represented by: É. Boigelot, lawyer)

Defendant: European Commission (represented by: T. Bohr and C. Ehrbar, acting as Agents)

Re:

Action pursuant to Article 270 TFEU seeking, first, annulment of Commission Decision of 16 October 2013 removing the applicant from his post without reduction of his entitlement to a retirement pension and, second, compensation for the harm allegedly suffered by the applicant on account of that decision.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders CX to bear his own costs and to pay those of the European Commission relating to the present proceedings and to the proceedings in Cases F-5/14 R, F-5/14, T-493/15 P, T-743/16 RENV and C-131/19 P.

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(1)  OJ C 85, 22.3.2014 (case initially registered before the Civil Service Tribunal of the European Union under number F-5/14 and transferred to the General Court of the European Union on 1.9.2016).