Action brought on 23 January 2014 — USFSPEI v Parliament and Council
(Case T-75/14)
Language of the case: French
Parties
Applicant: Union syndicale fédérale des services publics européens et internationaux (Brussels, Belgium) (represented by: J.-N. Louis and D. de Abreu Caldas, lawyers)
Defendants: Council of the European Union and European Parliament
Form of order sought
The applicant claims that the Court should:
declare the present action admissible and well founded;
accordingly, annul points 27, 32, 46, 64(b), 65(b) and 67(d) of Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013;
order the defendants to pay to USF a symbolic sum of EUR 1 to compensate for the non-material harm suffered and to pay the costs.
Pleas in law and main arguments
The applicant invokes the unlawfulness of points 27, 32, 46, 64(b), 65(b) and 67(d) of Regulation (EU, Euratom) No 1023/2013 1 in so far as they amend, inter alia, Article 5 (creation of the SC function group), Article 6 (elimination of the guarantee of career equivalence), Article 40(2) (restriction of CCP to 12 years), the second paragraph of Article 43 (indication of potential to carry out an administrator’s function starting from grade AST 5 instead of AST), Article 44(1) (new conditions for advancement to a higher step), Article 51 (professional incompetence procedure), Article 52 (leave in the interests of the service), Article 77 (pension accrual rate of 1.8%), and Annex VIII, Article 9(2) (early retirement without penalty) of the Staff Regulations.
In support of its action, it invokes the infringement of the agreement between the OSP and the legislator on the 2004 reform, in particular on the reform of careers, the principles of a linear career structure and equivalence of careers.
It also invokes breach of Article 27 of the Charter of Fundamental Rights and of Article 21 of the European Social Charter, infringement of the principle of acquired rights, the principle of proportionality and the principle of non-discrimination.
________________________1 Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (OJ 2013 L 287, p. 15).