Order of the General Court (First Chamber) of 23 April 2015

Data

Court: General Court

Case date: 23 april 2015

Verdict

Order of the General Court (First Chamber) of 23 April 2015 —Chatzianagnostou v Council and Others

(Case T‑383/13)

"Action for annulment - Common Foreign and Security Policy - Seconded National expert for the EULEX Kosovo mission - Decisions of a Head of Mission on disciplinary sanctions"

1. Actions for annulmentCapacity to be a defendantMission under the EU security and defence policy not having legal personalityNot a body, office or agency of the EUMeasures adopted by the head of such a mission in the context of disciplinary proceedingsNo capacity as defendantApplication inadmissible (Art. 263, first para., TFEU; Council Joint Action 2008/124/CFSP, Arts 1, 6, 7 and 11) (see paras 23-29)

2. Actions for annulmentCapacity to be a defendantMission under the EU security and defence policyMeasures adopted by the head of such a mission in the context of the secondment of a national expertImputability to the national authoritiesApplication inadmissibleJurisdiction of the national courts (Art. 263, first para., TFEU; Council Joint Action 2008/124/CFSP, Arts 7(4), 8 and 10(2)) (see paras 35-42)

Re:

ACTION for annulment of decisions of 10 May 2013 in disciplinary cases Nos 02/2013 and 06/2013, signed by the Head of the EULEX Kosovo mission.

Operative part

1. The action is dismissed as inadmissible.

2. Mr Antonios Chatzianagnostou is ordered to bear his own costs and pay those incurred by the Council of the European Union, the European Commission and Eulex Kosovo.