Judgment of the Civil Service Tribunal (Second Chamber) of 18 March 2015 — DK v EEAS

(Case F-27/14) ¹

(Civil service– EEAS staff — Official — Discipliary proceedings –Removal from post without reduction of entitlement to a pension — Article 25 of Annex IX to the Staff Regulations — Pending criminal proceedings — The facts before the appointing authority and the court hearing the criminal proceedings the same)

Language of the case: French

Parties

Applicant: DK (represented by: S. Orlandi, lawyer)

Defendant: European External Action Service (EEAS) (represented by: S. Marquardt and M. Silva, Agents)

Re:

Application for annulment of the decision by which the applicant was removed from his post without reduction of his entitlement to a pension, with effect from 1 February 2014, following disciplinary proceedings taken after the indictment of the applicant by the national authorities for European public procurement fraud, forgery and use of forgery, money laundering and corruption

Operative part of the judgment

The Tribunal:

Annuls the decision of 16 January 2014 by which the European External Action Service removed DK from his post without reduction of his entitlement to a pension;

Orders the European External Action Service to bear its own costs and to pay all the costs incurred by DK.

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¹ OJ C 184, 16.6.2014, p. 43.