Corte di giustizia UEsentenza
Corte di giustizia UE/2015
ECLI:EU:F:2015:133
Testo integrale del provvedimento
Anonimizzato ex art. 52 D.Lgs. 196/2003
[OSCURATO:PERSONA] [OSCURATO:PERSONA] [OSCURATO:PERSONA]
12 November 2015 (
*
)
(Amicable settlement — [OSCURATO:PERSONA] 90(1) of the Rules of Procedure — Agreement between the parties on the initiative of the [OSCURATO:PERSONA] — Removal from the register)
[OSCURATO:PERSONA] F‑105/15,
ACTION brought under [OSCURATO:PERSONA] 270 TFEU,
FM,
former member of the contract staff of the [OSCURATO:PERSONA], residing in Basingstoke ([OSCURATO:PERSONA]),
FO,
former member of the contract staff of the [OSCURATO:PERSONA], residing in Tadley ([OSCURATO:PERSONA]),
represented by L. Levi and A. Blot, lawyers,
applicants,
v
[OSCURATO:PERSONA] (CEPOL),
represented by F. Bánfi and R. Woldhuis, acting as Agents, assisted by B. Wägenbaur, lawyer,
defendant,
[OSCURATO:PERSONA] [OSCURATO:PERSONA]
makes the following
[OSCURATO:PERSONA]
1
By application lodged at the [OSCURATO:PERSONA] on 20 July 2015, FM and FO have sought, in essence:
– the annulment of CEPOL’s decision of 22 December 2014 by which it claimed to have accepted their purported resignation;
– plus, in so far as necessary, the annulment of CEPOL’s decisions of 10 April 2015 rejecting the complaints submitted by the applicants between 13 January and 17 February 2015;
– compensation in respect of the material and non-material harm incurred.
2
[OSCURATO:PERSONA] F‑41/15 DISS I, in which FM and FO were also applicants and in which the [OSCURATO:PERSONA] applied [OSCURATO:PERSONA] 90(1) of the Rules of Procedure by instructing the Judge-Rapporteur to seek an amicable settlement of the dispute, the applicants and defendant informed the [OSCURATO:PERSONA], by letters of 9 and 6 October 2015 respectively, supplemented by a letter from the applicants dated 30 October 2015, that they accepted the terms of the proposal for an amicable settlement made by the Judge-Rapporteur, at the same time indicating that the settlement was a comprehensive agreement which also included the amicable settlement of the dispute which gave rise to the present action brought by FM and FO.
3
Having regard to the foregoing, it is necessary, in accordance with [OSCURATO:PERSONA] 91(1) of the Rules of Procedure, to record the agreement between the parties on the amicable settlement concluded on the initiative of the [OSCURATO:PERSONA] in [OSCURATO:PERSONA] F‑41/15 DISS I, which has been extended to cover the present case. Consequently, the present case must also be removed from the register of the [OSCURATO:PERSONA].
4
[OSCURATO:PERSONA] 91(3) of the Rules of Procedure, where there is an agreement between the parties as to costs, the decision made follows that agreement. The costs are therefore to be borne by each of the parties in accordance with the terms of their agreement.
On those grounds,
[OSCURATO:PERSONA] [OSCURATO:PERSONA]
hereby orders:
1.
[OSCURATO:PERSONA] F‑105/15 shall be removed from the register of the [OSCURATO:PERSONA].
2.
CEPOL shall bear its own costs and pay the costs incurred by FM and FO, in accordance with the terms of the agreement concluded between them.
Luxembourg, 12 November 2015.
W. Hakenberg
S. [OSCURATO:PERSONA]
*
Language of the case: English.