Judgment of the General Court of 22 October 2015 — Council v Simpson

(Case T-130/14) ¹

(Appeals — Civil service — Officials — Advancement in grade — Classification in grade — Decision not to award the person concerned grade AD 9 after he had passed a grade AD 9 open competition — Distortion of the evidence)

Language of the case: English

Parties

Appellant: Council of the European Union (represented initially by M. Bauer and A. Bisch, and subsequently by M. Bauer and E. Rebasti, acting as Agents)

Other party to the proceedings: Erik Simpson (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 12 December 2013 in Simpson v Council (F-142/11, ECR-SC, EU:F:2013:201), and seeking to have that judgment set aside in part.

Operative part of the judgment

The Court:

Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 12 December 2013 in Simpson v Council (F-142/11, ECR, EU:F:2013:201), in so far as the Civil Service Tribunal annulled the decision by which the Council of the European Union refused the request of Mr Erik Simpson which sought an upgrade to grade AD 9 on the ground that he had passed Competition EPSO/AD/113/07 and in so far as it ordered the Council to pay all the costs (paragraphs 1 and 3 of the operative part of that judgment);

Refers the case back to the Civil Service Tribunal;

Reserves the costs.

____________

¹ OJ C 135, 5.5.2014.