Judgment of the General Court (Eighth Chamber) of 15 September 2016 —
U4U and Others v Parliament and Council
(Case T‑17/14)
Special and exceptional provisions applicable to officials serving in a third country — Career of officials with the grade of administrator — Amendment of the Staff Regulations of Officials of the European Union — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for adopting the measures — Failure to consult the Staff Regulations Committee and the trade unions
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation amending the Staff Regulations — Action brought by trade unions — Alleged breach of the concertation procedure — Admissibility (Art. 263, fourth para., TFEU) (see paras 76, 88-90)
2. Officials — Staff Regulations — Regulation amending the Staff Regulations — Procedure for adoption — Consultation of the Staff Regulations Committee — Reconsultation in the event of substantial modification of the initial proposal — Scope of the obligation (Staff Regulations, Art. 10, second para.) (see paras 129, 130, 135, 138, 140)
3. Officials — Staff Regulations — Regulation amending the Staff Regulations — Procedure for adoption — Application of the concertation procedure — Refusal of the Parliament to participate in the said procedure — No infringement of the right to information and worker consultation (Charter of Fundamental Rights of the European Union, Art. 27) (see paras 144-146, 148, 149)
4. Acts of the institutions — Statement of reasons — Obligation — Scope (Art. 296 TFEU) (see para. 181)
Re:
| APPLICATION based on Article 263 TFEU and seeking annulment of Article 1(27), (61), (70) and (73)(k) of 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), in so far as those provisions amend Article 45 and annexes I, X and XIII of those regulations, annexed to Regulation No 31 (EEC)/11(EAEC) laying down the Staff Regulations and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community (OJ 1962 45, p. 1385). |
Operative part
The Court:
2. | | Orders Union pour l’Unité (U4U), Unité & solidarité — Hors Union (USHU), Regroupement Syndical (RS) and Mr Georges Vlandas to pay the costs; |
3. | | Orders the European Commission to bear its own costs. |