Judgment_paragraph 82 · CH v European Parliament (F-132/14)

82As a preliminary point, it should be noted that, in order to comply with the obligation laid down in Article 266 TFEU, it is for the institution which adopted the act annulled by the EU judicature to determine the measures required to implement the judgment annulling the act in the exercise of the discretion which it has for that purpose, complying with both the operative part and the grounds of the judgment which it is required to implement and with the provisions of EU law applicable. In that regard, where compliance with a judgment annulling a measure presents particular difficulties, the institution concerned may satisfy the obligation arising from Article 266 TFEU by taking such decision as will provide due compensation for damage which the persons concerned have suffered as a result of that judgment. In that context, the appointing authority or, as in the present case the AECE, may for example establish a dialogue with the applicant in order to attempt to reach agreement offering her fair compensation for the unlawfulness of which she had been the victim (see judgments of 9 August 1994 in Parliament v Meskens, C‑412/92 P, EU:C:1994:308, paragraphs 28 and 30; of 8 October 1992 in Meskens v Parliament, T‑84/91, EU:T:1992:103, paragraph 80; and of 17 March 1994 in Hoyer v Commission, T‑43/91, EU:T:1994:29, paragraph 64).