Corte di giustizia UE/2015

[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‑41/15 DISS I, ACTION brought under [OSCURATO:PERSONA] 270 TFEU, FL, former member of the temporary staff of the [OSCURATO:PERSONA], residing in Reading ([OSCURATO:PERSONA]), 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 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, with a view to the sound administration of justice, to separate from the case of FK the cases of, first, FL, FM and FO and, secondly, those of the three other applicants respectively. 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 Following an exchange of correspondence between, on one hand, the [OSCURATO:PERSONA], and, on the other hand, the applicants and the defendant, the latter parties agreed on the definitive terms of an amicable settlement which also dealt with costs. The parties informed the [OSCURATO:PERSONA] of that fact by letters of 9 and 6 October 2015 respectively, supplemented by a letter from the applicants dated 30 October 2015, in which they further indicated that the settlement was a comprehensive agreement which also included the amicable settlement of the dispute which gave rise to [OSCURATO:PERSONA] F‑105/05, FM and FO v CEPOL . 5 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] and to remove the present case from the register of the [OSCURATO:PERSONA]. 6 [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‑41/15 DISS I shall be removed from the register of the [OSCURATO:PERSONA]. 2. CEPOL shall bear its own costs in connection with the cases of FL, FM and FO and pay the costs incurred by FL, 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.