Aquino and Others v Parliament (Judgment) French Text [2020] EUECJ T-402/18 (29 January 2020)

Aquino and Others v Parliament (Judgment) French Text [2020] EUECJ T-402/18 (29 January 2020)

The Tribunal found that the July 2, 2018 requisition decision constituted a limitation on the right to strike protected by Article 28 of the Charter. Such a limitation must be provided by a clear and precise legal basis, which was absent here: Article 55(1) of the Staff Regulations and the cited agreements did not...

Source-derived case information.

Citation
[2020] EUECJ T-402/18
Parties
Applicant: Roberto Aquino and others (see annex); Respondent: European Parliament; Intervener: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Action for Annulment and Damages (eu Staff Case) / Final Judgment
Outcome
Decision of July 2, 2018 annulled; partial award of damages; remainder of claims rejected.
Legal Topics
Right to Strike, Staff Requisition, Legal Basis for Administrative Acts, Compensation for Moral Damage, Procedural Admissibility
EU Administrative Law Labour Law Public Service Law Right to Strike Staff Requisition Legal Basis for Administrative Acts Compensation for Moral Damage Procedural Admissibility

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Parties

Roberto Aquino and others (see annex)

Applicant

European Parliament

Respondent

Council of the European Union

Intervener

Procedural Posture

Action for Annulment and Damages (eu Staff Case) / Final Judgment

  1. 1 Whether the requisition of interpreters by the European Parliament during a strike was lawful and had a sufficient legal basis
  2. 2 Whether the applicants had standing to challenge the decisions
  3. 3 Whether the requisition decisions violated fundamental rights, including the right to strike and to effective remedy

Ratio Decidendi

The Tribunal found that the July 2, 2018 requisition decision constituted a limitation on the right to strike protected by Article 28 of the Charter. Such a limitation must be provided by a clear and precise legal basis, which was absent here: Article 55(1) of the Staff Regulations and the cited agreements did not authorize requisition or define the scope of strike limitations. Therefore, the decision was unlawful and annulled. Only those directly requisitioned had standing. The Tribunal awarded moral damages to those applicants, as the annulled decision had exhausted its effects and the annulment alone was insufficient reparation.

Court Disposition

Decision of July 2, 2018 annulled; partial award of damages; remainder of claims rejected.

Orders

  • Annulment of the July 2, 2018 requisition decision for interpreters for July 3, 2018.
  • Parliament to pay 500 euros each to Barbara Carli-Ganotis, Claudine de Seze, Maria Corina Diaconu Olszewski, Maria Provata, Irène Sevastikoglou, and Benedetta Tissi.