Judgment of the General Court (Ninth Chamber) of 16 May 2018 –
Barnett v EESC
(Case T‑23/17)
(Civil service — Officials — Retirement pension — Early retirement without reduction of pension rights — Facility formerly provided for in Article 9(2) of Annex VIII to the Staff Regulations — Interests of the service — Compliance with an annulling judgment delivered by the Civil Service Tribunal — Liability)
1. Actions brought by officials — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account — Decision not necessarily having to be on the same grounds as those appearing in the annulled measure
(Art. 266 TFEU)
(see paras 21, 22, 28, 29)
2. Officials — Pensions — Retirement pensions — Early pension without reduction — Conditions for granting — Interests of the service — Administration's discretion — Judicial review — Limits — Manifest error of assessment — Meaning — Burden of proof
(Staff Regulations of Officials, Annex VIII, Art. 9(2))
(see paras 35-39)
3. Actions brought by officials — Judgment annulling a measure — Implementing measures — Repeal of the legal basis enabling a new act to be adopted to replace the act annulled — Possibility of adoption on the basis of Article 266 TFEU — None — Requirement for a legal basis in force at the date of adoption
(Art. 266 TFEU; Staff Regulations of Officials, Annex VIII, Art. 9(2))
(see paras 55-58)
4. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions
(Art. 340, second para., TFEU)
(see para. 64)
5. Actions brought by officials — Judgment annulling a measure — Effects — Adoption of measures of compliance — Reasonable time — Criteria for assessment
(Art. 266 TFEU)
(see para. 66)
Re:
Application under Article 270 TFEU seeking, primarily, the annulment of the decision of the EESC of 21 March 2016, taken with a view to complying with the judgment of 22 September 2015, Barnett v EESC (F‑20/14, EU:F:2015:107), refusing to grant the applicant early retirement without reduction of pension rights and, secondarily, compensation for the damage which she claims to have suffered. |
Operative part
The Court:
2. | | Orders Ms Inge Barnett to pay the costs. |