Judgment of the General Court of 8 November 2018 — Cocchi and Falcione v Commission

(Case T-724/16 P) (1)

((Appeal - Civil service - Transfer of national pension rights - Article 24 of the Staff Regulations - Duty of the European Union to provide assistance - Loss of interest of the applicants in bringing proceedings during the course of the proceedings - No need to adjudicate at first instance - Causation))

(2019/C 16/46)

Language of the case: French

Parties

Appellants: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented by: S. Orlandi, lawyer)

Other party to the proceedings: European Commission (G. Gattinara and F. Simonetti, acting as Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 2 August 2016, Cocchi and Falcione v Commission (F-134/11, EU:F:2016:194), seeking to have that order set aside.

Operative part of the judgment

The Court:

1.

Sets aside the order of the European Union Civil Service Tribunal (First Chamber) of 2 August 2016, Cocchi and Falcione v Commission (F-134/11) inasmuch as the European Union Civil Service Tribunal held that there was no longer any need to adjudicate on the claims for damages submitted by Mr Giorgio Cocchi and Ms Nicola Falcione at first instance;

2.	Dismisses the appeal as to the remainder;

3.	Dismisses the claims for damages submitted by Mr Cocchi and Ms Falcione in their actions at first instance under case number F-134/11;

4.	Orders each party to bear its own costs relating to the appeal proceedings and the proceedings at first instance so far as the claims for damages are concerned.

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(1)  OJ C 441, 28.11.2016.