Siragusa v Council (Staff Regulations of officials and Conditions of Employment of other servants - Judgment) French Text [2019] EUECJ T-616/17RENV (05 June 2019)

Siragusa v Council (Staff Regulations of officials and Conditions of Employment of other servants - Judgment) French Text [2019] EUECJ T-616/17RENV (05 June 2019)

The Tribunal found that the applicant's request for early retirement was explicitly accepted by the competent authority before the new Staff Regulations entered into force, thereby creating an acquired right. The Council's subsequent withdrawal of this decision constituted an unlawful retroactive withdrawal in...

Source-derived case information.

Citation
[2019] EUECJ T-616/17RENV
Parties
Applicant: Sergio Siragusa; Respondent: Council of the European Union; Intervener: European Parliament
Jurisdiction
European Union
Procedural Posture
Staff Case (eu Civil Service) / Judgment After Remittal
Outcome
application partially upheld
Legal Topics
Staff Regulations, Retirement Rights, Legal Certainty, Legitimate Expectation, Non Retroactivity, Responsibility of EU Institutions
European Union Law Employment Law Administrative Law Staff Regulations Retirement Rights Legal Certainty Legitimate Expectation Non Retroactivity +1 more

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Parties

Sergio Siragusa

Applicant

Council of the European Union

Respondent

European Parliament

Intervener

Procedural Posture

Staff Case (eu Civil Service) / Judgment After Remittal

  1. 1 Whether the applicant had an acquired right to early retirement under the previous Staff Regulations
  2. 2 Whether the Council's withdrawal of the retirement decision violated principles of legal certainty and legitimate expectation
  3. 3 Whether the applicant is entitled to compensation for material and moral damages

Ratio Decidendi

The Tribunal found that the applicant's request for early retirement was explicitly accepted by the competent authority before the new Staff Regulations entered into force, thereby creating an acquired right. The Council's subsequent withdrawal of this decision constituted an unlawful retroactive withdrawal in breach of legal certainty and legitimate expectation. The applicant was entitled to annulment of the withdrawal decision and compensation for moral damages, but not for the claimed material damages, as no sufficient causal link or substantiation was established for those claims.

Court Disposition

application partially upheld

Orders

  • The Council's decision of 12 November 2014 withdrawing the prior acceptance of the applicant's early retirement request is annulled.
  • The Council is ordered to pay the applicant EUR 5,000 as compensation for moral damage.