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CJEU Cases C-542/18 RX-II, C-543/18 RX-II/ Opinion

Eric Simpson v Council of the European Union and HG v European Commission

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Review — European Union Civil Service Tribunal — Appointment of judges — Ground of appeal involving a matter of public policy — Incidental review — Article 47 of the Charter of Fundamental Rights of the European Union — Right to a fair trial — Tribunal established by law — Principle of legal certainty — Adverse effect on the unity or consistency of EU law.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court should rule:

  • The judgments of the General Court of the European Union of 19 July 2018, Simpson v Council (T‑646/16 P) and HG v Commission (T‑693/16 P) adversely affect the unity and consistency of EU law.
  • The aforementioned judgments are set aside.
  • The cases are referred back to the General Court of the European Union.
  • The Council of the European Union is ordered to bear the costs incurred by Mr Simpson and HG in connection with the review proceedings as well as its own costs.
  • The European Commission and the Bulgarian Government shall bear their own costs in connection with the review proceedings.