Judgment_paragraph 73 · Commission of the European Communities v Édith Cresson (C-432/04)

73The third subparagraph of Article 213(2) EC permits the Court to impose a penalty where there is a breach of the obligations arising from the office of Member of the Commission, in the form of compulsory retirement or the deprivation of his right to a pension or other benefits in its stead. The penalty of compulsory retirement will apply only where a breach has arisen, and continues, during the term of office of the Member of the Commission in question. By contrast, he may be deprived of the right to a pension or other benefits in its stead whether the breach occurs during or after his term of office. As there is no provision as to the extent of the deprivation of the right to a pension or other benefits in its stead, it is open to the Court to order deprivation in whole or in part thereof, depending on the degree of gravity of the breach.

Commission of the European Communities v Édith Cresson (C-432/04)

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