Alberto Capitanio v Commission of the European Communities. (Officials) [1996] EUECJ T-36/94 (16 October 1996)

Alberto Capitanio v Commission of the European Communities. (Officials) [1996] EUECJ T-36/94 (16 October 1996)

The Court found that the determination of the post level constituted an act adversely affecting the official and was subject to review; the applicant was entitled to reinstatement in accordance with staff regulations.

Source-derived case information.

Citation
[1996] EUECJ T-36/94
Parties
Applicant: Alberto Capitanio; Respondent: Commission of the European Communities
Jurisdiction
European Union
Procedural Posture
Staff Case / Judgment
Outcome
application allowed
Legal Topics
Reinstatement, Determination of Post Level, Act Adversely Affecting Official
Employment Law Administrative Law Reinstatement Determination of Post Level Act Adversely Affecting Official

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alberto Capitanio

Applicant

Commission of the European Communities

Respondent

Procedural Posture

Staff Case / Judgment

  1. 1 Whether the applicant is entitled to reinstatement
  2. 2 Whether the determination of the level of the post was lawful
  3. 3 Whether the act adversely affected the official

Ratio Decidendi

The Court found that the determination of the post level constituted an act adversely affecting the official and was subject to review; the applicant was entitled to reinstatement in accordance with staff regulations.

Court Disposition

application allowed

Orders

  • Applicant to be reinstated
  • Post level to be determined in accordance with staff regulations