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Document 62015CO0394
Order of the Court (Seventh Chamber) of 14 April 2016.
John Dalli v European Commission.
Appeal — OLAF investigation report concerning a Member of the European Commission — Alleged oral decision of the President of the Commission to terminate the term of office of the Commissioner concerned — Action for annulment and compensation.
Case C-394/15 P.
Order of the Court (Seventh Chamber) of 14 April 2016.
John Dalli v European Commission.
Appeal — OLAF investigation report concerning a Member of the European Commission — Alleged oral decision of the President of the Commission to terminate the term of office of the Commissioner concerned — Action for annulment and compensation.
Case C-394/15 P.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Seventh Chamber) of 14 avri1 2016 —
Dalli v Commission
(Case C‑394/15 P) ( 1 )
‛Appeal — OLAF investigation report concerning a Member of the European Commission — Alleged oral decision of the President of the Commission to terminate the term of office of the Commissioner concerned — Action for annulment and compensation’
1. |
EU law — Principles — Rights of defence — Principle of the equality of arms — Compliance in the context of judicial proceedings — Scope — Introduction of a new procedural document during the hearing — Admissibility — Conditions (see paras 40-45) |
2. |
Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 55, 62-66) |
3. |
Commission — Termination of a Commissioner’s functions — Discretion of the Commission President to demand a Commissioner’s resignation — Conditions of exercise — Failure to step down on the part of the Commissioner concerned (Art. 17(6) TEU) (see paras 75-78) |
4. |
Commission — Termination of a Commissioner’s functions — Discretion of the Commission President to demand a Commissioner’s resignation — Reference by the President to the possibility of using that power against a Member — To be treated as actual use of that power — Not included (Art. 17(6) TEU) (see para. 79) |
Operative part
1. |
The appeal is dismissed. |
2. |
Mr John Dalli is ordered to pay the costs. |
( 1 ) OJ C 311, 21.9.2015.