# C_2006154EN.01002501.xml

| 1.7.2006 | EN | Official Journal of the European Union | C 154/25 |
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1.7.2006

EN

Official Journal of the European Union

C 154/25

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Action brought on 26 April 2003 — C v Commission

(Case F-44/06)

(2006/C 154/58)

Language of the case: French

Parties

Applicant: C (Brussels, Belgium) (represented by: S. Orlandi and J.-N. Louis, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

The applicant claims that the Tribunal should:

| — | Annul the Appointing Authority's decision of 13 June 2005 refusing to adopt any measure to comply with the judgment of the Court of First Instance of the European Communities of 23 November 2004 in Case T-376/02 O v Commission
   (1); |
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—

Annul the Appointing Authority's decision of 13 June 2005 refusing to adopt any measure to comply with the judgment of the Court of First Instance of the European Communities of 23 November 2004 in Case T-376/02 O v Commission
   (1);

O

Commission

1

| — | Annul the decision of the Director of DG ADMIN/C: Social welfare policy, Luxembourg staff, health, safety of 23 February 2006 compulsorily retiring the applicant with entitlement to an invalidity pension to be determined in accordance with the provisions of the second paragraph of Article 78 of the Staff Regulations, with retroactive effect from 1 February 2002; |
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—

Annul the decision of the Director of DG ADMIN/C: Social welfare policy, Luxembourg staff, health, safety of 23 February 2006 compulsorily retiring the applicant with entitlement to an invalidity pension to be determined in accordance with the provisions of the second paragraph of Article 78 of the Staff Regulations, with retroactive effect from 1 February 2002;

| — | Order the defendant to pay the applicant a sum assessed on equitable grounds at EUR 15 000 on account of breach of the principle that decisions must be adopted within a reasonable time; |
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—

Order the defendant to pay the applicant a sum assessed on equitable grounds at EUR 15 000 on account of breach of the principle that decisions must be adopted within a reasonable time;

| — | Order the defendant to pay the costs. |
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Order the defendant to pay the costs.

Pleas in law and main arguments

Following the judgment in O v Commission, cited above, the applicant applied for the adoption by the Appointing Authority of measures to comply with that judgment. When that application was rejected, the applicant made a complaint, which was, in its turn, rejected in part by a decision of 11 January 2006. The Appointing Authority then adopted a new decision, dated 23 February 2006, compulsorily retiring the applicant with entitlement to an invalidity pension to be determined in accordance with the provisions of the second paragraph of Article 78 of the Staff Regulations, with retroactive effect from 1 February 2002.

O

Commission

In support of his action, the applicant submits, first, that the last decision does not constitute full compliance with the judgment referred to above, in that it does not restore the applicant to his legal position before the adoption of the decision annulled by the Court of First Instance.

Also, the decision of 23 February 2006 infringes Article 53 of the Staff Regulations, which provides that an official to whom the Invalidity Committee finds that the provisions of Article 78 apply must automatically be retired on the last day of the month in which the Appointing Authority recognises his permanent incapacity to perform his duties.

Lastly, the applicant alleges breach of the principle that decisions must be adopted within a reasonable time, inasmuch as the decision of 23 February was adopted 15 months after the abovementioned judgment was delivered.

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(1)  ECR SC [2004] I-A-349 and II-1595.

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