Judgment of the Civil Service Tribunal (Second Chamber) of 21 November 2013 – Roulet v Commission

(Joined Cases F-72/12 and F-10/13) ¹

(Civil Service – Remuneration – Article 66 of the Staff Regulations – Former member of the temporary staff at Grade AD12 – Recruitment as an official at Grade AD6 – Payment of remuneration equivalent to that paid to an official at Grade AD12 – Manifest error – Recovery of undue payments under Article 85 of the Staff Regulations)

Language of the cases: French

Parties

Applicant: Josiane Roulet (Ottignies, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission (represented by: G. Gattinara and D. Martin, acting as Agents)

Re:

Application for annulment of: (i) the decision rejecting a request for compensation made by the applicant on the basis of Article 90(1) of the Staff Regulations by reason of the errors made when establishing her entitlements when she took up her duties and for the delay in rectifying those errors; and (ii) the Commission’s decision relating to the recovery of a certain amount of the remuneration of the applicant, formerly a member of the temporary staff at Grade A4 (AD12), and subsequently an official at Grade AD6, pursuant to Article 85 of the Staff Regulations.

Operative part of the judgment

The Tribunal:

Dismisses the actions in Joined Cases F-72/12 and F-10/13;

Orders Ms Roulet to bear her own costs and to pay those incurred by the European Commission.

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¹ OJ C 258, 25.8.2012, p. 29; OJ C 108, 13.4.2013, p. 39.