Judgment of the General Court (Appeal Chamber) of 19 July 2018 –
HG v Commission
(Case T‑693/16 P)
(Appeal — Civil service — Officials — Posting to a third country — Lodging provided by the administration — Disciplinary penalty — Dismissal of the action at first instance — Composition of the panel of judges which delivered the judgment at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the lawful judge)
EU law — Principles — Fundamental rights — Compliance ensured by the EU judicature — Principle of the lawful judge — Irregularity in the procedure for appointment of a judge to the Civil Service Tribunal — Infringement of the said principle
(Charter of Fundamental Rights of the European Union, Art. 47, second para.)
(see paras 39, 41, 43-46)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 19 July 2016, HG v Commission (F‑149/15, EU:F:2016:155), seeking to have that judgment set aside. |
Operative part
The Court:
1. | | Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 19 July 2016, HG v Commission (F‑149/15); |
2. | | Refers the case back to a chamber of the General Court other than the one which has ruled on the present appeal; |
2. | | Refers the case back to a chamber of the General Court other than the one which has ruled on the present appeal; |