Judgment of the General Court (Appeal Chamber) of 22 September 2017.Patrick Wanègue v Comittee of the Regions.Appeal — Civil service — Officials — Working conditions — Overtime — Chauffeur in grade AST 6 — Withdrawal of entitlement to the fixed allowance for overtime — Equality of arms — Obligation to state reasons — Errors in law — Distortion of the facts.Case T-682/15 P.

Judgment // 22/09/2017 // 2 min read
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Judgment of the General Court (Appeal Chamber) of 22 September 2017 – Wanègue v Committee of the Regions

(Case T-682/15 P)

(Appeal — Civil service — Officials — Working conditions — Overtime — Chauffeur in grade AST 6 — Withdrawal of entitlement to the fixed allowance for overtime — Equality of arms — Obligation to state reasons — Errors in law — Distortion of the facts)

  1. Appeal–Pleas in law–Inadequate statement of reasons–Recourse by the Civil Service Tribunal to implicit reasoning–Lawfulness–Conditions

(Statute of the Court of Justice, Art. 36 and Annex I, Art. 9)

(see paras 36, 41)

  1. Officials–Working conditions–Fixed allowance for overtime–Conditions for granting–Belonging to grades SC 1 to SC 6 or AST 1 to AST 5–Possibility for officials of other grades, required to be available for the institution, to benefit from the indemnity–Not included

(Staff Regulations, Arts 55(3) and (56) and Annex VI)

(see paras 44, 45)

  1. Appeal–Pleas in law–Mistaken assessment of the facts–Inadmissibility–General Court’s review of the assessment of the facts and evidence–Possible only where the clear sense of the evidence has been distorted

(Art. 257 TFUE; Statute of the Court of Justice, Annex I, Art. 11(1))

(see paras 63, 66, 70)

  1. Officials–Equal treatment–Meaning–Limits

(see para 64)

  1. Judicial proceedings–Application initiating proceedings–Formal requirements–Clear and precise statement of the pleas relied on

(Rules of Procedure of the European Union Civil Service Tribunal, Art. 50)(1)(e))

(see para 75)

Re:

APPEAL lodged against the order of the European Union Civil Service Tribunal (Second Chamber) of 15 September 2015, Wanègue v Committee of the Regions (F 21/15, EU:F:2015:102), seeking to have that order set aside.

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Mr Patrick Wanègue to bear his own costs and those incurred by the Committee of the Regions in the present appeal.