Judgment_paragraph 78 · European Central Bank v Maria Concetta Cerafogli (T-787/14 P)

78Since the reasons given in paragraphs 42 and 45 to 47 of the judgment under appeal are sufficient to justify the admissibility of a plea of illegality for the first time before the Civil Service Tribunal by way of derogation from the rule of correspondence, it must be held that the other arguments advanced by the ECB must be held inoperative with regard to (i) its first ground of appeal, alleging an erroneous extrapolation by the Civil Service Tribunal of the judgment of 15 September 2011 in Koninklijke Grolsch v Commission (T‑234/07, EU:T:2011:476) to staff cases, as those two types of dispute are distinct and that extrapolation leads to an erroneous interpretation of the scope of the principle of effective judicial protection in the light of Article 47 of the Charter (first part) and, on the other hand, inadequacy of the grounds (second part), (ii) the first part of the fourth ground of appeal, by which the ECB claims that the Civil Service Tribunal misinterpreted the principle of effective judicial protection and the principle of proportionality, in that it held, inter alia and in essence, that inadmissibility of the plea of illegality at the stage of the action before the Courts of the European Union would constitute a disproportionate penalty for the staff member concerned and (iii) the second part of the fourth ground, alleging that the Civil Service Tribunal did not take into consideration certain facts which are relevant in the present case, namely the fact that Ms Cerafoglia was represented by a lawyer as from the pre-litigation procedure (see, to that effect, judgments of 2 June 1994 in de Compte v Parliament, C‑326/91 P, EU:C:1994:218, paragraph 94, and of 29 April 2004 in Commission v CAS Succhi di Frutta, C‑496/99 P, EU:C:2004:236, paragraph 68).

European Central Bank v Maria Concetta Cerafogli (T-787/14 P)

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