Decision of the Court (Reviewing Chamber) of 17 September 2018 to review the judgment of the General Court (Appeal Chamber) delivered on 19 July 2018 in Case T-646/16 P, Simpson / Council
(Case C-542/18 RX)
Language of the case: English
Parties to the proceedings before the General Court
Applicant: Erik Simpson (represented by: M. Velardo, lawyer)
Other party to the proceedings: Council of the European Union
Questions to be reviewed
Whether, having regard, in particular, to the general principle of legal certainty, the judgment of the General Court of the European Union of 19 July 2018, Simpson v Council, affects the unity or consistency of EU law in that the General Court, as the court hearing the appeal, held that the composition of the panel of judges of the European Union Civil Service Tribunal which had delivered the order of 24 June 2016, Simpson v Council, had been irregular, on the basis of an irregularity affecting the procedure for the appointment of one of the members of that panel of judges, leading to infringement of the principle of the lawful judge, laid down in the first sentence of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union.
Whether, like the acts covered by Article 277 TFEU, the appointment of a judge may form the subject matter of a review of indirect legality or whether such a review of indirect legality is - by principle or after the passage of a certain period of time - excluded or limited to certain types of irregularity in order to ensure legal certainty and the force of res judicata.
____________