Judgment of the General Court of 13 December 2018 — Haeberlen v ENISA
(Case T-632/16) 1
(Civil service — Remuneration — Annual adjustment of remunerations and pensions of officials and other agents — Regulations (EU) Nos 422/2014 and 423/2014 — Adjustments of salaries and pensions for 2011 and 2012 — Obligation to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue)
Language of the case: French
Parties
Applicant: Thomas Haeberlen (Swisttal, Germany) (represented initially by L. Levi and A. Tymen, subsequently by L. Levi and last by L. Levi and C. Bernard-Glanz, lawyers)
Defendant: European Union Agency for Network and Information Security (represented by: A. Ryan, acting as Agent, and D. Waelbroeck and A. Duron, lawyers)
Interveners in support of the defendant: European Parliament (represented by: E. Taneva and M. Ecker, acting as Agents); and Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)
Re:
Application based on Article 270 TFEU seeking, first, annulment of the decision of ENISA of 21 October 2015, ordering the applicant to pay the sum of EUR 3 133.19, following the application to his remuneration of the adjustment of 0% for 2011 provided for in Regulation (EU) No 422/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2011 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2014 L 129, p. 5), and the adjustment of 0.8% for 2012 provided for in Regulation (EU) No 423/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2012 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2014 L 129, p. 12), and, second, compensation for the non-material harm the applicant allegedly suffered as a result of that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Thomas Haeberlen to bear his own costs and to pay those incurred by the European Union Agency for Network and Information Security;
Orders the Council of the European Union and the European Parliament to bear their own costs.
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1 OJ C 410, 7.11.2016.