ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 209/70

Judgment of the Civil Service Tribunal (Second Chamber) of 24 April 2008 — Longinidis v Cedefop

(Case F-74/06) (1)

(Staff case - Members of the temporary staff - Reassignment - Appeals Committee - Composition and internal rules of procedure - Unfair behaviour - Dismissal - Statement of reasons - Manifest error of assessment - Misuse of powers)

(2008/C 209/127)

Language of the case: Greek

Parties

Applicant: Pavlos Longinidis (Panorama, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, Agent, and P. Anestis, lawyer)

Re:

First, annulment of the decision of the Directorate of the European Centre for the Development of Vocational Training (Cedefop) of 30 November 2005 terminating the applicant's indefinite term contract along with a series of decisions concerning inter alia Cedefop's Appeals Committee and, second, a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action as partly inadmissible and partly unfounded;

2. Orders each party to bear its own costs.

(1) OJ C 237, 30.9.2006, p. 15.
EN Official Journal of the European Union C 147/31

Judgment of the Civil Service Tribunal (Third Chamber) of 30 January 2013 — De Luca v Commission

(Case F-20/06)

(Civil service - Officials - Referral back to the General Court after annulment - Appointment - Official advancing to a higher function group by open competition - Candidate placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new rules - Article 12(3) of Annex XIII to the Staff Regulations)

2013/C 147/55

Language of the case: French

Parties

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

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Annulment of the Commission’s decision of 23 February 2005 appointing the applicant, an official already graded at A*10 and a successful candidate in a competition for grades A5/A4, to a post as an administrator in the Directorate-General for Justice, Freedom and Security in so far as it alters her classification in grade from A*10 to A*9.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mrs De Luca and the European Commission must bear their own costs in the two sets of proceedings brought before the Tribunal;

3. Declares that the European Commission must bear its own costs and orders it to pay the costs of Mrs De Luca incurred in the proceedings brought before the General Court of the European Union;
EN Official Journal of the European Union C 246/40

Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 Magazzu v Commission

(Case F-126/06) (1)

(Staff cases - Officials - Appointment - Members of the temporary staff appointed as officials - Candidates’ names included on a reserve list of a competition published prior to the entry into force of the new Staff Regulations - Grading pursuant to the new less favourable rules - Acquired rights - Principle of non-discrimination - Articles 2, 5 and 12 of Annex XIII to the Staff Regulations)

2010/C 246/68

Language of the case: French

Parties

Applicant: Salvatore Magazzu (Brussels, Belgium) (represented by: initially T. Bontinck and J. Feld, lawyers, and subsequently T. Bontinck and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and G. Berscheid, agents)

Re:

Application for annulment of the decision of the Appointing Authority of 13 December 2005 by which the applicant, a temporary agent in Grade A*11 who was successful in open competition COM/A/18/04, was appointed as an official with classification in Grade A*6, step 2, in accordance with Annex XIII of the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the application.

2. Orders each party to bear their own costs.

(1) OJ C 310, 16.12.2006, p. 32.
EN Official Journal of the European Union C 313/56

Judgment of the Civil Service Tribunal (Third Chamber) of 8 October 2008 — Barbin v European Parliament

(Case F-44/07) (1)

(Staff cases - Officials - Promotion - Procedure for the allocation of merit points in the European Parliament - Illegality of the instructions governing that procedure - Examination of comparative merits)

(2008/C 313/101)

Language of the case: French

Parties

Applicant: Florence Barbin (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Parliament (represented by: A. Lukošiūtė and R. Ignătescu, later by C. Burgos, A. Lukošiūtė and R. Ignătescu, agents)

Re:

First, annulment of the decision of 16 September 2006 to allocate one merit point to the applicant under the 2005 promotion procedure and, secondly, for a declaration that paragraph I.2(c) of the ‘Implementing measures relating to the allocation of merit and promotion points’ of the European Parliament of 10 May 2006 is illegal.

Operative part of the judgment

The Tribunal:

1. dismisses the application;

2. orders the parties to bear their own costs.

(1) OJ C 155 of 7.7.2007, p. 45.
EN Official Journal of the European Union C 158/23

Judgment of the Civil Service Tribunal (Third Chamber) of 30 April 2008 — Dragoman v Commission

(Case F-16/07)

(Staff case - Competition - Selection Board - Principle of impartiality of the Selection Board - Article 11a of the Staff Regulations - Equal treatment of internal and external candidates - Exclusion of a candidate - Duty to state reasons - Scope - Respect for the secrecy of the deliberations of the selection board)

(2008/C 158/40)

Language of the case: Romanian

Parties

Applicant: Adriana Dragoman (Brussels, Belgium) (represented by: G.-F. Dinulescu, lawyer)

Defendant: Commission of the European Communities (represented by: K. Herrmann, F. Telea and M. Velardo, Agents)

Re:

Annulment of the decisions of the selection board of competition EPSO/AD/34/05 (for the constitution of a reserve list for the recruitment of Romanian-speaking conference interpreters) to award the applicant a mark for the first interpreting test which did not permit her to be admitted to the subsequent tests of that competition — Plea of illegality in respect of Article 6 of Annex III of the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;
EN Official Journal of the European Union C 102/38

Judgment of the Civil Service Tribunal (First Chamber) of 10 March 2009 — Tsirimiagos v Committee of the Regions

(Case F-100/07) (1)

(Staff case - Officials - Remuneration - Transfer of part of the emoluments outside the country of employment - Article 17(2)(b) of Annex VII to the old Staff Regulations - Building savings account - Recovery of amounts wrongly paid - Conditions - Irregularity of the transfers - Obvious nature of the irregularity)

2009/C 102/55

Language of the case: French

Parties

Applicant: Kyriakos Tsirimiagos (Kraainem, Belgium) (represented by: M.-A. Lucas, lawyer)

Defendant: Committee of the Regions of the European Union (represented by: P. Cervilla, Agent, and B. Wägenbaur, lawyer)

Re:

Annulment of the decision of 21 November 2006 to recover the amounts paid to the applicant in respect of the correction coefficient on part of his emoluments transferred to France from April 2004 to May 2005 because of the alleged failure to comply with the conditions required for that transfer — Application for damages

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Committee of the Regions of the European Union of 21 November 2006, as amended by the Decision of 21 June 2007, in so far as it orders the recovery of sums resulting from the application of the correction coefficient to the transfers made by Mr Tsirimiagos to his building savings account from April 2004 to May 2005, amounting to 15 300 euros;

2. Orders the Committee of the Regions of the European Union to reimburse Mr Tsirimiagos the sums, together with default interest, withheld from his remuneration, corresponding to the application of the correction coefficient to the transfers made to his building savings account from April 2004 to May 2005, amounting to EU 15 300; that interest is to run from the date of the recovery until the date of the actual payment, at the rate fixed by the European Central Bank for its main refinancing operations and applicable during the period concerned, increased by 2 points;

3. Dismisses the action as to the remainder;

4. Orders the Committee of the Regions of the European Union to pay, in addition to its own costs, half of the applicant’s costs;

5. Orders the applicant to bear half of his own costs.

(1) OJ C 269, 10.11.2007, p. 73.
1.

Annuls the decision of the Commission of the European Communities not to include M. Dubus's name in the list of officials to be promoted to grade C*3 for the 2006 promotion procedure and the decision of the Commission of the European Communities not to include the M. Leveque's name in the list of officials to be promoted to grade B*8 under the procedure for the same year;
EN Official Journal of the European Union C 252/47

Judgment of the Civil Service Tribunal (Second Chamber) of 14 April 2011 — Irmantas Šimonis v Commission

(Case F-113/07) (1)

(Staff case - Officials - Inter-institutional transfer - Lawyer-linguist - Substitution of grounds - Requirement of a minimum length of service)

2011/C 252/100

Language of the case: Lithuanian

Parties

Applicant: Irmantas Šimonis (Luxembourg, Luxembourg) (represented by: V. Vilkas, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and K. Hermann, acting as Agents)

Intervener in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas and E. Matulionytė, acting as Agents)

Re:

Annulment of the Commission’s decision whereby, during the selection procedure for filling a post forming the subject-matter of vacancy notice no COM/2007/142, it declined to request the transfer of the applicant to the Commission and removed him from the selection procedure.

Operative part of the judgment

The Tribunal:

1. Sets aside the decision whereby the European Commission removed Mr Šimonis from the selection procedure under vacancy notice COM/2007/142 by declining to request his transfer from the Court of Justice of the European Union;

2. Orders the European Commission to bear its own costs and pay those of the applicant;

3. Orders the Republic of Lithuania to bear its own costs..

(1) OJ C 79, 29.3.2008, p. 36.
EN Official Journal of the European Union C 24/73

Judgment of the Civil Service Tribunal (Third Chamber) of 16 September 2009 — Vinci v European Central Bank

(Case F-130/07) (1)

(Staff case - Staff of the ECB - Allegedly unlawful treatment of medical data - Medical visit imposed)

2010/C 24/134

Language of the case: German

Parties

Applicant: Vinci (Schöneck, Germany) (represented by: B. Karthaus, lawyer)

Defendant: European Central Bank (represented by: F. Malfrère and F. Feyerbacher, Agents, assisted by H.-G. Kamann)

Re:

Application for a declaration that the registration of documents containing medical data is unlawful and for annulment of the decision of the ECB refusing, firstly, to erase the personal data derived from those documents, and secondly, ordering the applicant to have a medical examination, and an application for compensation for the non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 8, 12.1.2008, p. 32.
EN Official Journal of the European Union C 24/76

Judgment of the Civil Service Tribunal (First Chamber) of 10 November 2009 — N v European Parliament

(Case F-93/08) (1)

(Staff case - Officials - Reports - Staff report - Action for annulment - Admissibility - Statement of reasons - Manifest error of assessment - Definition of targets to be achieved)

2010/C 24/140

Language of the case: French

Parties

Applicant: N (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament (represented by: K. Zejdová, R. Ignătescu and S. Seyr, Agents)

Re:

Annulment of the applicant’s staff report for the period from 1 January 2007 to 30 April 2007.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders N to pay all the costs.

(1) OJ C 44, 21.2.2009, p. 75.
EN Official Journal of the European Union C 267/84

Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Schell v Commission

(Case F-36/08) (1)

(Staff case - Officials - Promotion - Allocation of promotion points by Directors-General - 2007 promotion procedure)

2009/C 267/151

Language of the case: French

Parties

Applicant: Arno Schell (Brussels, Belgium) (represented by: F.Frabetti, lawyer)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Staff case — Annulment of the applicant’s career development report for the period from 1 January 2006 to 31 December 2006 and annulment of his 2007 promotion report

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders Mr Schell to pay all of the costs.

(1) OJ C 142, 7/6/2008, p. 40.
EN Official Journal of the European Union C 32/43

Judgment of the Civil Service Tribunal (First Chamber) of 13 December 2011 — Stols v Council

(Case F-51/08 RENV) (1)

(Civil service - Officials - Referral back to the Tribunal after setting aside - Promotion - 2007 promotion exercise - Consideration of comparative merits - Manifest error of assessment - No manifest error - Grounds for the decision - Supererogatory ground - Inoperative plea)

2012/C 32/84

Language of the case: French

Parties

Applicant: Willem Stols (Halsteren, Netherlands) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer, agent)

Re:

Annulment of the decision of the appointing authority not to include the applicant’s name on the list of officials promoted to grade AST 11 for the 2007 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action brought by Mr Stols;

2. Orders Mr Stols to bear his own costs and to pay those of the Council of the European Union in Case F-51/08.

3. Orders Mr Stols and the Council of the European Union each to bear their own costs in Case T-175/09 and in the present case.

(1) OJ C 183, 19.7.2008, p. 34.
EN Official Journal of the European Union C 274/32

Judgment of the Civil Service Tribunal (Third Chamber) of 1 July 2010 — Füller-Tomlinson v European Parliament

(Case F-97/08) (1)

(Civil service - Former member of the temporary staff - Occupational disease - Physical or mental harm - Duration of the procedure for the recognition of the occupational nature of the disease)

2010/C 274/48

Language of the case: French

Parties

Applicant: Paulette Füller-Tomlinson (Belgium) (represented by: L. Levi, lawyer)

Defendant: European Parliament (represented by: K. Zejdová and S. Seyr, acting as Agents)

Re:

Annulment of the decision establishing the part of the partial permanent invalidity attributable to the occupational nature of a disease affecting the applicant at 20 %, as well as, in the alternative, an order against the defendant to pay a sum in damages for the non-material damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Ms Füller-Tomlinson to bear all the costs.

(1) OJ C 44, 21.2.2009, p. 76.
EN Official Journal of the European Union C 234/57

Judgment of the Civil Service Tribunal (First Chamber) of 11 May 2010 — Maxwell v Commission

(Case F-55/09) (1)

(Staff case - Officials - Secondment in the interests of the service - Leave on personal grounds - Accommodation and education expenses - Action for damages - Liability for a wrongful act - Unjust enrichment)

2010/C 234/105

Language of the case: French

Parties

Applicant: Allan Maxwell (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and J. Baquero Cruz, agents)

Re:

Application for compensation for the loss suffered by the applicant during his leave on personal grounds taken to perform the duties of ‘EU Senior Adviser’ at the Korean Peninsular Energy Development Organization, loss resulting from the failure to reimburse accommodation and education expenses.

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Maxwell’s application.

2. Orders each party to bear its own costs.

(1) OJ C 180, 1.8.2009, p. 64.
EN Official Journal of the European Union C 24/77

Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Roberto Ridolfi v Commission of the European Communities

(Case F-3/09) (1)

(Civil service - Officials - Officials posted to non-Member States - Education allowance with interest - Reassignment to headquarters - Retraining - Period of normal secondment - Articles 3 and 15 of Annex X to the Staff Regulations)

2010/C 24/143

Language of the case: French

Parties

Applicant: Roberto Ridolfi (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and B. Eggers, acting as Agents)

Re:

Annulment of the Appointing Authority’s decision to refuse the applicant entitlement to reuse and retain the education allowance together with interest in respect of his two eldest children

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Ridolfi to pay the costs.

(1) OJ C 55, 7.3.2009, p. 53.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 29 June 2010 — Roumimper v European Police Office (Europol)

(Case F-41/09) (1)

(Public service - Europol staff - Non-renewal of a contract - Contract for an indefinite period - Article 6 Europol Staff Regulation - Principle of respect for the rights of the defence)

(2010/C 288/132)

Language of the case: Dutch

Parties

Applicant: Jacques Pierre Roumimper (Zoetermeer, Netherlands) (represented initially by P. de Casparis, lawyer, and subsequently by W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol) (represented by: D. Neumann and D. El Khoury Agents, and B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer him a permanent post and the decision of 7 January 2009 dismissing the complaint against the first decision.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 12 June 2008 by which the European Police Office (Europol) refused to award a contract for an indefinite period to Mr Roumimper;

2. Orders Europol to pay the costs.

(1) OJ C 180, 1.8.09, p. 63.
EN Official Journal of the European Union C 274/33

Judgment of the Civil Service Tribunal (Third Chamber) of 4 May 2010 — Freis Guggenheim v Cedefop

(Case F-47/09) (1)

(Civil service - Member of the temporary staff - Non-renewal of the contract - Article 11a of the Staff Regulations - Sixth subparagraph of Article1 of Annex II to the Staff Regulations - Function of staff representation - Duty of impartiality and of independence)

2010/C 274/50

Language of the case: French

Parties

Applicant: Éric Mathias Fries Guggenheim (Strasbourg, France) (represented by: M.-A. Lucas, lawyer)

Defendant: European Centre for the Development of Vocational Training (represented by: M. Fuchs, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

Annulment of CEDEFOP’s decision not to renew the applicant’s contract as a member of the temporary staff and, should the applicant not be reinstated, an order that the defendant pay him damages to compensate for the non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Mr Freis Guggenheim to pay the costs.

(1) OJ C 153, 4.7.2009, p. 52.
EN Official Journal of the European Union C 38/19

Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Angelo Sánchez v Council

(Case F-67/09) (1)

(Civil Service - Special leave - Serious illness of a parent - Method of calculating the number of days of' leave where several parents seriously ill)

2011/C 38/36

Language of the case: French

Parties

Applicant: Nicolás Angelo Sánchez (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union (represented by: K. Zieleśkiewicz, M. Bauer, Agents)

Re:

Annulment of the defendant’s decisions refusing applications for special leave made by the applicant because of the serious illness of his parents.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the Council of the European Union of 8 October 2008 and 8 December 2008 refusing the applications for special leave made by the Mr Angelo Sánchez;

2. Orders the Council of the European Union to pay all the costs.

(1) OJ C 220, 12.9.2009, p. 43.
EN Official Journal of the European Union C 13/37

Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Vicente Carbajosa and Others v Commission

(Case F-9/09) (1)

(Staff case - Open competitions EPSO/AD/116/08 and EPSO/AD/117/08 in the field of fraud prevention - Act adversely affecting the applicants - Exclusion of candidates following results obtained in admission tests - EPSO not competent)

2011/C 13/71

Language of the case: French

Parties

Applicant: Vicente Carbajosa and Others (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and B. Eggers, agents)

Re:

Application for annulment of the decision adopting and publishing the competition notices EPSO/AD/116/08 and EPSO/AD/117/08 and the decisions relating to the correction of the pre-selection tests and the written tests and the awarding of marks for the oral tests.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the European Personnel Selection Office (EPSO) not to admit Ms Vicente Carbajosa in respect of the competition EPSO/AD/117/08 and Ms Lehtinen and Ms Menchén in respect of the competition EPSO/AD/116/08 onto the list of candidates invited to submit a full application;

2. Dismisses the remainder of the action as being inadmissible;

3. Orders the European Commission to pay the costs.

(1) OJ C 82 of 04.04.2009, p. 37.
1.

Orders the European Commission to pay the applicant, by way of compensation for the material loss prior to the delivery of the present judgment, an amount equal to the difference between, on the one hand, the salary, after deduction of social security charges and tax, which he would have received if he had been recruited as an official in intermediate grade A*6 on 1 August 2004 and that, subsequently, his career proceeded in accordance with the advancement in step provided for in the Staff Regulations of Officials of the European Union and with the average time spent by an official in each grade, as provided for in Annex I(b) of the Staff Regulations and, on the other hand, the salary, after deduction of social security charges and tax, which the applicant received between 1 August 2004 and the date on which the present judgment was delivered, first, in his capacity as a national civil servant and, from 15 March 2009, in his capacity as an official of the European Union, to which difference must be applied a coefficient of 0,8;