ex parte order

ex parte application [ ex-parte application | application made ex parte ]

apply ex parte

ex parte changes

judgment by default | default judgment

ex parte injunction

order for the delivery of personal property

implementing ordinance | implementation ordinance [ ImpO ]

Fifth plea in law, alleging (i) infringement of the requirement that pleadings are to be construed in accordance with their actual terms and of Article 50(1)(e) of the Rules of Procedure of the CST, in that the CST took the view, in paragraph 82 of its order, that the plea of illegality raised by the appellant was not supported by any arguments, contrary to the requirements of that provision, and was therefore manifestly inadmissible; and (ii) illegality as a consequence of paragraphs 54 to 57 of the order under appeal.

With regard to the claims for the Tribunal, first, to order the applicant’s post to be regraded to a grade corresponding to the level of his responsibilities and, secondly, to order the EEAS to bear all the consequences, in particular the financial consequences, of that regrading, retrospectively from the time of his entry into the service, it should be noted that, in the context of an action brought under Article 91 of the Staff Regulations, the court may not, without encroaching upon the powers of the administration, make declarations or findings of principle, or issue directions to an institution (see order in Caminiti v Commission, F‑71/09 ...[+++], EU:F:2011:53, paragraph 23 and the case-law cited therein).

set aside the order of the General Court of 10 July 2014 in Case T-271/10 H v. Council of the European Union, European Commission and ‘EUPM’, insofar as it rejects the Applicant’s action seeking the annulment of the decision of 7 April 2010, signed by the Head of the personnel of the EUPM, by which the Applicant was redeployed to the post of ‘Criminal Justice Adviser-Prosecutor’ in the regional office of Banja Luka (Bosnia and Herzegovina) and, if necessary, of the decision of 30 April 2010, signed by the Head of Mission, referred to in Article 6 of the Council Decision 2009/906/CFSP of 8 December 2009, on the European Union Police Mission (EUPM) in Bosnia a ...[+++]nd Herzegovina (BiH) (1), and second, for damages;

The appellant claims, first, that the order under appeal is vitiated by an error of law in that the General Court held that actions by former members of the Court against acts adversely affecting them in the area of JSIS coverage come solely within the scope of Article 263 TFEU and had to be brought within two months, as provided for under that provision.