Thunus and Others v EIB (Excise duty on alcohol and alcoholic beverages - Judgment) French Text [2022] EUECJ C-90/21P (24 November 2022)

Thunus and Others v EIB (Excise duty on alcohol and alcoholic beverages - Judgment) French Text [2022] EUECJ C-90/21P (24 November 2022)

The Court found that BEI had regularly consulted staff representatives, provided sufficient motivation for the salary adjustment decision, and acted within its discretion without breaching diligence or proportionality. No procedural or substantive illegality was established.

Source-derived case information.

Citation
[2022] EUECJ C-90/21P
Parties
Applicant: Vincent Thunus, Jaime Barragán, Marc D’hooge, Alexandra Felten, Christophe Nègre, Patrick Vanhoudt; Respondent: Banque européenne d’investissement (BEI)
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Remuneration Adjustment, Public Sector Employment, Duty of Consultation, Obligation of Motivation, Principle of Proportionality
EU Administrative Law Employment Law Remuneration Adjustment Public Sector Employment Duty of Consultation Obligation of Motivation Principle of Proportionality

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Parties

Vincent Thunus, Jaime Barragán, Marc D’hooge, Alexandra Felten, Christophe Nègre, Patrick Vanhoudt

Applicant

Banque européenne d’investissement (BEI)

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether BEI violated duty of consultation with staff representatives regarding salary adjustment
  2. 2 Whether BEI failed to sufficiently motivate the salary adjustment decision
  3. 3 Whether BEI breached duty of diligence and principle of proportionality in salary adjustment

Ratio Decidendi

The Court found that BEI had regularly consulted staff representatives, provided sufficient motivation for the salary adjustment decision, and acted within its discretion without breaching diligence or proportionality. No procedural or substantive illegality was established.

Court Disposition

appeal dismissed

Orders

  • Applicants condemned to pay all costs of both instances