ddrg/super_eurlex huggingface dataset:
Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — HC v Commission

(Case F-132/15) (1)

((Civil service - Temporary staff - Succession of appointments under various status categories at several institutions of the European Union - Interruption by a period of unemployment - Continued membership of the of the Joint Sickness Insurance Scheme - New appointment - Article 13 of the CEOS - Medical examination prior to employment - Article 32 of the CEOS - Failure of the interested party to declare an illness already affecting her - Subsequent discovery by the AECC - Retroactive application of a five-year medical reservation - Challenge - Referral to the Invalidity Committee - Duty of loyalty - Decision of the AECC to bar the agent from being recruited by the institution for a period of six years))

(2016/C 364/47)

Language of the case: French

Parties

Applicant: HC (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser, T. S. Bohr and C. Ehrbar, agents)

Re:

Annulment of the Commission’s decision to apply the medical reservation clause in Article 32 of the CEOS, retroactively, with effect from the date of entry into service of the applicant with the Commission and to suspend the invalidity and death insurance and, in addition, annulment of the decision to bar the applicant from being recruited by the Commission for a period of six years to run from the date on which her last contract ended.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 29 January 2015 by which the authority empowered to conclude contracts of employment of the European Commission barred HC from being recruited by the institution for a period of six years;

2. Dismisses the remainder of the application;

3. Orders the European Commission to pay its own costs and to bear half the costs incurred by HC;

4. Orders HC to bear half of her own costs.

(1) OJ C 406, 7/12/2015, p. 46.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 19 July 2016 — Opreana v Commission

(Case F-67/15) (1)

((Civil service - Temporary member of staff - Temporary member of staff occupying a permanent position - Non-renewal of a fixed-term contract - Pregnancy - Act adversely affecting a member of staff - Lack of competence of the author of an act adversely affecting a member of staff - Right to be heard - Duty to have regard to the welfare of staff))

(2016/C 364/35)

Language of the case: French

Parties

Applicant: Luisa Opreana (Arlon, Belgium) (represented by: initially by A. Salerno, lawyer, and subsequently by A. Salerno and P. Singer, lawyers)

Defendant: European Commission (represented by: G. Berscheid and F. Simonetti, acting as Agents)

Re:

Application for annulment of the decision not to extend the applicant’s contract beyond its termination date, although she was coming to the end of her pregnancy.

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decision not to renew Ms Luisa Opreana’s temporary staff contract, which came to an end on 31 August 2014;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by Ms Opreana.

(1) OJ C 213, 29/6/2015, p. 50.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 21 July 2016 — WQ (*1) v Parliament

(Case F-1/16) (1)

((Civil service - Officials - Certification procedure - 2014 period - Applicant not included on the list of officials selected to participate in the training programme - Article 45a of the Staff Regulations))

(2016/C 364/51)

Language of the case: French

Parties

Applicant: WQ (*1) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Parliament (represented by: D. Nessaf and M. Ecker, acting as Agents)

Re:

Application for annulment of the Parliament’s decision not to include the applicant’s name on the list of officials selected to participate in the training programme for the 2014 certification exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders WQ (*1) to bear his own costs and pay the costs incurred by the European Parliament.

(*1) Information erased or replaced within the framework of protection of personal data and/or confidentiality.

(1) OJ C 111, 29.3.2016, p. 45.
EN Official Journal of the European Union C 193/37

Order of the Civil Service Tribunal of 18 June 2009 — Albert-Bousquet and Others and Johansson and Others v Commission

(Joined Cases F-14/05 and F-20/05) (1)

2009/C 193/62

Language of the case: French

The President of the Second Chamber has ordered that the joined cases be removed from the register.

(1) OJ C 132, 28.5.2005, p. 31 and C 171, 9.7.2005, p. 27.
EN Official Journal of the European Union C 340/38

Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Kyriazi v Commission

(Case F-66/06) (1)

(Staff case - Officials - Appointment - Internal competition published before 1 May 2004 - Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 - Grading - Articles 5(4) and 12(3) of Annex XIII to the Staff Regulations - Secretarial allowance - Action in part clearly inadmissible and in part clearly unfounded)

2011/C 340/77

Language of the case: French

Parties

Applicant: Kalliopi Kyriazi (Clabecq, Belgium) (represented by É. Boigelot, lawyer)

Defendant: European Commission (represented, initally, by C. Berardis-Kayser and K. Herrmann, and subsequently by K. Herrmann and H. Krämer, acting as Agents)

Intervener in support of the Defendant: Council of the European Union (represented, initially, by M. Arpio Santacruz and I. Šulce, acting as Agents, and subsequently by M. Bauer, J. Monteiro and K. Zieleśkiewicz, acting as Agents)

Re:

Annulment of the decision of the 12 September 2005 appointing the applicant a probationary official in Grade C*1, step 2, and of all measures consecutive and/or relating thereto, such as the decision to withdraw and not re-establish her secretarial allowance after her establishment.

Operative part of the order

1. The action is dismissed.

2. Mrs Kyriazi and the European Commission are each ordered to bear their own costs.

3. The Council of the European Union, which has intervened, is ordered to bear its own costs.

(1) OJ C 178 of 29.07.06, p. 43.
EN Official Journal of the European Union C 301/67

Order of the Civil Service Tribunal of 23 September 2008 — Chevalier Carmana and Others v Court of Justice

(Case F-14/06) (1)

(2008/C 301/133)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 96, 22.4.2006, p. 37.
EN Official Journal of the European Union C 223/63

Order of the Civil Service Tribunal of 6 March 2008 — Gering v Europol

(Case F-68/07) (1)

(2008/C 223/123)

Language of the case: Dutch

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 247, 20.10.2008, p. 42.
EN Official Journal of the European Union C 79/35

Order of the Civil Service Tribunal (First Chamber) of 1 February 2008 — Kay Labate v Commission of the European Communities

(Case F-77/07) (1)

(Staff cases - Officials - Social security - Insurance against the risk of accident and occupational disease - Occupational disease - Lung cancer - Passive smoking - No need to adjudicate)

(2008/C 79/67)

Language of the case: English

Parties

Applicant: Kay Labate (Tarquinia, Italy) (represented by: I. Forrester, QC)

Defendant: Commission of the European Communities

Re:

Annulment of the Commission decisions of 6 October 2006 and 18 October 2004 not to recognise the cancer which led to the death of the applicant's husband as being an occupational disease caused by passive smoking

Operative part of the order

1. There is no further need to adjudicate on the form of order sought by Mrs Labate in her application.

2. The claims for compensation submitted in the letter of 25 October 2007 by Mrs Labate are dismissed as manifestly unfounded.

3. The Commission of the European Communities is ordered to pay the costs.

(1) OJ C 233 22.9.2007, p. 22.
EN Official Journal of the European Union C 159/40

Order of the Civil Service Tribunal of 10 April 2014 — Strack v Commission

(Case F-118/07) (1)

2014/C 159/55

Language of the case: German

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 315, 22.12.2007, 49.
Official Journal of the European Union

Order of the Civil Service Tribunal of 9 July 2010 — Potoms and Scillia v Parliament

(Case F-26/07) (1)

()

(2010/C 288/146)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 117, 26.5.2007, p. 37.
EN Official Journal of the European Union C 44/78

Order of the Civil Service Tribunal of 27 November 2008 — Miguelez Herreras v Commission

(Case F-22/08) (1)

(2009/C 44/142)

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 116, 9.5.2008, p. 33.
EN Official Journal of the European Union C 158/24

Order of the President of the Civil Service Tribunal of 25 April 2008 — Bennett and Others v OHIM

(Case F-19/08 R)

(Civil service - Interim measures - Application to suspend the operation of a measure - Competition notice - Urgency - None)

(2008/C 158/43)

Language of the case: French

Parties

Applicants: Kelly-Marie Bennett (Alicante, Spain) and Others (represented by: G. Vandersanden, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: I. de Medrano Caballero and E. Maurage, Agents)

Re:

Application to suspend the operation of Competition Notices OHIMIAD/02/07 and OHIMIAST/02/07 until judgment has been delivered on the substance of the case, with the effect that the applicants are not required to take part in the tests in those competitions and that their contracts cannot be terminated by reason of the fact that they are not on the reserve lists.

Operative part of the order

1. The application for interim measures is dismissed;
EN Official Journal of the European Union C 282/65

Order of the Civil Service Tribunal (Third Chamber) of 8 July 2009 — Sevenier v Commission

(Case F-62/08) (1)

(Staff case - Officials - Permanent termination of service - Resignation - Application to withdraw)

2009/C 282/124

Language of the case: French

Parties

Applicant: Roberto Sevenier (Paris, France) (represented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, agents)

Re:

Annulment of the Commission’s decision rejecting the applicant’s request to withdraw his tender of resignation and for his case to be submitted to the medical committee and, consequently, an application for reinstatement of the applicant at the European Commission with reconstitution of his career from the date of his resignation.

Operative part of the order

The Tribunal:

(1) dismisses the action as being manifestly inadmissible;

(2) orders Mr Sevenier to pay the costs;

(3) declares that there is no need to adjudicate on the application for leave to intervene;

(4) orders the Council of the European Union to bear its own costs relating to the application for leave to intervene.

(1) OJ C 247 of 27.09.2008 p. 25
EN Official Journal of the European Union C 44/74

Order of the President of the Civil Service Tribunal of 17 December 2008 — Wenig v Commission

(Case F-80/08 R)

(Staff case - Interlocutory proceedings - Application for suspension of the operation of a decision to suspend the party concerned from his duties - Urgency not established)

(2009/C 44/131)

Language of the case: French

Parties

Applicant: Fritz Harald Wenig (Woluwé-Saint-Pierre, Belgium) (represented by: G.-A. Dal. D. Voillemot, D. Bosquet, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)

Re:

Application for suspension of operation of the decision of 18 September 2008 by which the Commission suspended the applicant for an indefinite period and ordered EUR 1 000 a month to be withheld from his pay for a maximum period of six months.

Operative part of the order

1. The application for interim relief is dismissed.
EN Official Journal of the European Union C 209/57

Order of the Civil Service Tribunal (Second Chamber) of 5 May 2010 — Nikolchov v Commission

(Case F-94/09) (1)

()

2010/C 209/94

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register, following amicable settlement.

(1) OJ C 11, 16.1.2010, p. 42.
EN Official Journal of the European Union C 232/42

Order of the Civil Service Tribunal (First Chamber) of 22 June 2011 — Lebedef v Commission

(Case F-33/10) (1)

(Staff case - Officials - Appraisal for the year 2005 - Career development report - General provisions implementing Article 43 of the Staff Regulations - Report drawn up following the judgment in Case F-36/07 - Manifest inadmissibility)

2011/C 232/75

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Application for annulment of the applicant’s career development report for the period from 1 January 2005 till 31 December 2005, as drawn up following its annulment by the Civil Service Tribunal in its judgment in Case F-36/07.

Operative part of the order

The Tribunal

1. Dismisses the action as manifestly inadmissible;

2. Orders Mr Lebedef to pay all the costs.

(1) OJ C 209, 31.7.2010, p. 53.
EN Official Journal of the European Union C 38/19

Order of the Civil Service Tribunal (First Chamber) of 16 December 2010 — AG v Parliament

(Case F-25/10) (1)

(Civil Service - Officials - Dismissal at the end of the probationary period - Manifest inadmissibility - Action brought out of time - Notice by registered letter with acknowledgement of receipt)

2011/C 38/37

Language of the case: French

Parties

Applicant: AG (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: European Parliament (represented by: S. Seyr and V. Montebello-Demogeot, Agents)

Re:

Annulment of the decision to dismiss the applicant at the end of the probationary period and compensation for the loss allegedly suffered.

Operative part of the order

The Tribunal:

1. Dismisses the application as manifestly inadmissible.

2. Orders AG to pay all the costs.

(1) OJ C 161, 19.6.2010, p. 58.
EN Official Journal of the European Union C 282/50

Order of the Civil Service Tribunal (First Chamber) of 5 July 2011 — Coedo Suárez v Council

(Case F-73/10) (1)

(Staff case - Officials - Action for damages - Implicit decision rejecting a claim for compensation, followed by an explicit decision rejecting that claim - Lateness of prior complaint against the implicit rejection decision - Not admissible)

2011/C 282/94

Language of the case: French

Parties

Applicant: Angel Coedo Suárez (Brussels, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

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

Re:

Annulment of the defendant’s decision rejecting the applicant’s claim for compensation and his claim for compensation for material and non-material damage suffered.

Operative part of the order

The Tribunal:

1. dismisses the action as inadmissible;

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

(1) OJ C 301 of 6.11.10. p. 63
EN Official Journal of the European Union C 252/55

Order of the Civil Service Tribunal (Third Chamber) of 16 June 2011 — Andrecs and Others v Commission

(Case F-96/10) (1)

(Staff cases - Annual adjustment of the remuneration and pensions of officials and other servants - No need to adjudicate)

2011/C 252/120

Language of the case: French

Parties

Applicants: Stefan Robert Andrecs (Uccle, Belgium) and Others (represented by: L. Vogel, lawyer)

Defendant: European Commission (represented by: G. Berscheid and D. Martin, Agents)

Re:

Application for annulment of the defendant's decision adjusting the applicants’ remuneration, pensions and other allowances with effect from 1 July 2009, as set out in their salary slips, within the framework of the annual adjustment of the remuneration and pensions of officials and other servants pursuant to Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Operative part of the order

1. There is no need to adjudicate on Case F-96/10 Andrecs and Others v Commission.

2. The applicants are ordered to bear their own costs and to pay the European Commission's costs.

(1) OJ C 30, 29.01.2011, p. 63.
EN Official Journal of the European Union C 9/29

Order of the Civil Service Tribunal of 16 October 2013 — De Roos-Le Large v Commission

(Case F-50/10) (1)

2014/C 9/49

Language of the case: Dutch

The President of the Tribunal sitting in a Full Court has ordered that the case be removed from the register.

(1) OJ C 260, 25.9.2010, p. 27.
EN Official Journal of the European Union C 138/39

Order of the Civil Service Tribunal of 25 July 2011 — Jaeger v Eurofound

(Case F-103/10) (1)

2012/C 138/98

Language of the case: French

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 30, 29.1.2011, p. 64.
EN Official Journal of the European Union C 282/51

Order of the Civil Service Tribunal (First Chamber) of 5 July 2011 — Alari v Parliament

(Case F-38/11) (1)

(Staff case - Officials - Promotion - 2009 promotion exercise - Transfer from one institution to another during promotion exercise in which the official would have been promoted in his institution of origin - Institution with competence to decide on promotion of the transferred official)

2011/C 282/95

Language of the case: French

Parties

Applicant: Gianluigi Alari (Bertrange, Luxembourg) (represented by: S. Orlandi, A. Coolen, J. N. Louis and É. Marchal, lawyers)

Defendant: European Parliament (represented by: S. Alves and M. Ecker, agents)

Re:

Annulment of the decision not to promote the applicant in the 2009 promotion exercise.

Operative part of the order

The Tribunal:

1. dismisses the action as manifestly lacking any foundation in law;

2. orders the European Parliament to pay the applicant’s costs and to bear its own costs.

(1) OJ C 179 of 18.06.11, p. 22
EN Official Journal of the European Union C 138/32

Order of the Civil Service Tribunal (Third Chamber) of 6 December 2011 — Wendelboe v Commission

(Case F-85/11) (1)

(Civil service - Officials - Preliminary issues - Objection of inadmissibility - Refusal to promote an official - Transfer between institutions during the promotion year in which the official would have been promoted in his institution of origin - Complaint - Delay - Inadmissibility)

2012/C 138/72

Language of the case: French

Parties

Applicant: Wendelboe (Howald, Luxembourg) (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: G. Bercheid and C. Berardis-Kayser, Agents)

Re:

Action for annulment of the Commission’s decision not to promote the applicant to grade AST 5 from 1 March 2009 in the 2009 promotion year.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Ms Wendelboe shall bear all the costs.

(1) OJ C 340, 19.11.2011, p. 42.
EN Official Journal of the European Union C 157/12

Order of the Civil Service Tribunal of 20 March 2012 — Schönberger v Parliament

(Case F-65/11) (1)

2012/C 157/22

Language of the case: German

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.

(1) OJ C 252, 27.8.2011, p. 57.
EN Official Journal of the European Union C 38/32

Order of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Lebedef v Commission

(Case F-109/11) (1)

(Civil service - Officials - Appraisal procedure for 2009 - Half -time secondment for the purposes of union representation - Staff report covering the tasks carried out in the service to which he was assigned - Designation under the Staff Regulations - Designation for union purposes - Action manifestly lacking any foundation in law)

2013/C 38/63

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Application for annulment of the applicant’s staff report for the period from 1 January 2008 to 31 December 2009.

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in law.

2. Mr Lebedef must bear her own costs and is ordered pay the costs incurred by the European Commission.

(1) OJ C 6, 7.1.2012, p. 26.
EN Official Journal of the European Union C 209/14

Order of the Civil Service Tribunal of 4 June 2012 — Dergam v European Commission

(Case F-137/11)

2012/C 209/25

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.
EN Official Journal of the European Union C 26/45

Order of the Civil Service Tribunal (First Chamber) of 2 December 2014 — Erik Simpson v Council

(Case F-142/11 DEP) (1)

((Civil service - Procedure - Taxation of costs))

(2015/C 026/58)

Language of the case: English

Parties

Applicant: Erik Simpson (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and A.F. Jensen, acting as Agents)

Re:

Civil service — Application for annulment of the decision not to promote the applicant to grade AD 9 after he had passed Open Competition EPSO/AD/113/07 ‘Heads of Unit (AD 9) in the field of translation who have Czech, Estonian, Hungarian, Lithuanian, Latvian, Maltese, Polish, Slovak and Slovene as their main language’ and an application for compensation.

Operative part of the order

The total amount of costs to be reimbursed by the Council of the European Union to Mr Simpson by way of recoverable costs in Case F-142/11 is fixed in the amount of EUR 8 600, to be increased by any value added tax due on that amount.

(1) OJ C 65, 3.3.2012, p. 26.
EN Official Journal of the European Union C 252/49

Order of the Civil Service Tribunal (Third Chamber) of 30 May 2013 — Marcuccio v Commission

(Case F-102/11) (1)

(Civil service - Article 34(1) and (6) of the Rules of Procedure - Application lodged by fax within the time-limit for bringing proceedings - Handwritten signature on the fax different from that on the original application received by post - Action lodged out of time - Manifestly inadmissible)

2013/C 252/87

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser, J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s implied decision refusing to pay to the applicant annual travelling expenses from the place of his employment to his place of origin for the period 2005 to 2010.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission.

(1) OJ C 126, 28.4.2012, p. 27.