ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(Second Chamber)

9 June 2015

Case F‑126/14

Nicolas Henri Astier

v

European External Action Service (EEAS)

and

European Commission

(Civil service — Staff of the EEAS — Member of the contract staff — Procedural issues — Objection of inadmissibility — Decision of the EEAS — Action directed in part against the EEAS and in part against the Commission — Partial inadmissibility)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Astier seeks, in essence, annulment of the decision of the EEAS fixing at EUR 7 960 the amount to be reimbursed to him in respect of his removal from his place of employment to his place of origin, instead of the amount of EUR 17 940 applied for, and making that reimbursement subject to certain conditions.

Held:      The action in Case F‑126/14 is dismissed as inadmissible in so far as it is directed against the European Commission. Mr Astier is to bear his own costs and is ordered to pay the costs incurred by the European Commission in the proceedings on the objection of inadmissibility. The European External Action Service is to bear its own costs incurred in the proceedings on the objection of inadmissibility. The costs in the main proceedings are reserved.

Summary

Actions brought by officials — Capacity as defendant — Action brought by a former member of the contract staff of the European External Action Service (EEAS) — Decision of the EEAS concerning reimbursement of expenses — Action directed against the Commission — Inadmissibility

(Staff Regulations, Art. 1b(a); Council Decision 2010/427, Arts 5(2) and 6(5))

As far as contract staff of the Commission working in the EU delegations in third countries are concerned, according to the Commission Decision of 4 June 2013 on the exercise of powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority empowered to conclude contracts of employment, the powers of the authority empowered to conclude contracts of employment concerning the reimbursement of expenses are exercised by the European External Action Service (EEAS).

Consequently, an action seeking annulment of decisions of the EEAS concerning reimbursement of the removal costs of a former member of the contract staff working in a delegation in a third country must be declared inadmissible in so far as it is directed against the Commission.

(see paras 22, 24)