Corte di giustizia UE/2015

62015FO0041_EN [OSCURATO:PERSONA] part [OSCURATO:PERSONA] F‑41/15, ACTION brought under [OSCURATO:PERSONA] 270 TFEU, FK, former member of the temporary staff of the [OSCURATO:PERSONA], residing in Farnham ([OSCURATO:PERSONA]), represented by L. Levi and A. Blot, lawyers, applicant, v [OSCURATO:PERSONA] (CEPOL), represented by F. Bánfi and R. Woldhuis, acting as Agents, and B. Wägenbaur, lawyer, defendant, [OSCURATO:PERSONA] [OSCURATO:PERSONA] makes the following [OSCURATO:PERSONA] 1. By application lodged at the [OSCURATO:PERSONA] on 9 March 2015, FK and six other applicants brought the present action seeking, initially: – the annulment of the decision of the [OSCURATO:PERSONA] (CEPOL) dated 23 May 2014 providing for the relocation of that agency to Budapest (Hungary) and informing its staff that any refusal to continue their employment at the new seat ‘will be considered as resignation [taking] effect [on] 30 September 2014’; – the annulment of CEPOL’s various decisions dated 28 November 2014, rejecting the complaints lodged by the initial applicants individually between 8 and 21 August 2014; – the annulment of two decisions dated 22 December 2014 by which CEPOL claimed to have accepted the resignation of FM and FO respectively; – compensation in respect of the material and non-material harm incurred. 2. By letter of 14 July 2015, the [OSCURATO:PERSONA] requested the initial applicants to state their views, pursuant to [OSCURATO:PERSONA] 44(1) and (2) of the Rules of Procedure, on the potential separation of their cases. Those applicants having lodged their observations in that connection on 2 September 2015, the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA], by order of 16 September 2015 in FK and Others v CEPOL (F‑41/15, EU:F:2015:104), decided to separate the cases of the six other applicants from the case of FK. 3. By letter of 14 July 2015, the [OSCURATO:PERSONA] also informed the parties of the [OSCURATO:PERSONA]’s decision to apply [OSCURATO:PERSONA] 90(1) of the Rules of Procedure and to instruct the Judge-Rapporteur to seek an amicable settlement of the dispute. 4. In that regard, since FK and CEPOL both, on 2 September 2015, agreed on the proposal for an amicable settlement which had been submitted to them by the Judge-Rapporteur, 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] and to remove the present case from the register of the [OSCURATO:PERSONA]. 5. [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. [OSCURATO:PERSONA] part On those grounds, [OSCURATO:PERSONA] [OSCURATO:PERSONA] hereby orders: 1. [OSCURATO:PERSONA] F‑41/15 shall be removed from the register of the [OSCURATO:PERSONA]. 2. [OSCURATO:PERSONA] shall, in accordance with the terms of the agreement concluded, bear its own costs in connection with the case of FK and pay the costs incurred by FK. Luxembourg, 8 October 2015.