Order of the Court (Sixth Chamber) of 22 January 2019 — Kerstens v Commission
(Case C‑577/18 P)
(Appeal — Civil service — Notes informing the applicant of the resumption of administrative investigations in the context of disciplinary proceedings — Action for annulment — Acts not adversely affecting an official — Actions for damages — Manifest inadmissibility of the action at first instance — Appeal manifestly unfounded)
1. Actions brought by officials — Acts adversely affecting an official — Preparatory act — Notes informing the applicant of the resumption of administrative investigations in the context of disciplinary proceedings — Inadmissibility
(Staff Regulations of Officials, Arts 90 and 91)
(see paras 26, 28)
2. Officials — Disciplinary measures — Procedure — Decision to resume proceedings, for the same conduct, after annulment of a first decision on the basis of a procedural irregularity — Ne bis in idem principle — No infringement
(Charter of Fundamental Rights of the European Union, Art. 50; Staff Regulations of Officials, Annex IX, Art. 9(3))
(see paras 34-39, 41)
Operative part
1. | | The appeal is dismissed. |
2. | | Mr Petrus Kerstens shall bear his own costs. |