ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 134/51

Judgment of the Civil Service Tribunal (First Chamber) of 9 March 2010 — N v Parliament

(Case F-26/09) (1)

(Staff cases - Officials - Action for damages - Admissibility - Psychological harassment - Duty of care - Non-material damage)

2010/C 134/85

Language of the case: French

Parties

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

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

Re:

An order that the Parliament pay the applicant the sum of EUR 12 000 by way of compensation for the harm suffered, first, on account of the psychological and professional harassment to which she was subject and, secondly, on account of there being no internal administrative investigation by an independent body.

Operative part of the judgment

The Tribunal:

1. Orders the European Parliament to pay N compensation in the amount of EUR 2 000;

2. For the rest, dismisses the action;

3. Orders the European Parliament to bear its own costs and to pay three quarters of N's cost

4. Orders N to bear one quarter of her own costs.

(1) OJ C 153 of 04. 07. 2009, p. 51.
EN Official Journal of the European Union C 317/47

Judgment of the Civil Service Tribunal (First Chamber) of 30 September 2010 — van Heuckelom v European Police Office (Europol)

(Case F-43/09) (1)

(Civil Service - Staff Regulations of Europol - Article 29 - Advancement in step granted on the basis of staff reports - Plea of illegality of the decision establishing the policy for determining grades and steps - Respective powers of Europol’s Director and Management Board - Europol’s Director’s discretion - Limits)

2010/C 317/82

Language of the case: Dutch

Parties

Applicant: Carlo van Heuckelom (The Hague, Netherlands) (represented by: W.J. Dammingh and N.D.Dane, lawyers)

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

Re:

Annulment of the decision of 14 July 2008 awarding the applicant a single step of classification in grade and of the decision of 19 January 2009 rejecting the complaint brought against the first decision

Operative part of the judgment

The Tribunal:

1. Dismisses Mr. van Heuckelom’s action;

2. Orders each party to bear its own costs.

(1) OJ C 180, 01/08/2009, p. 63.
Official Journal of the European Union

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

(Case F-28/09) (1)

(Civil service - Europol staff - Non-renewal of a contract - Contract of indefinite duration - Article 6 of the staff regulations applicable to Europol employees - Principle of the rights of defence)

(2010/C 288/125)

Language of the case: Dutch

Parties

Applicant: Michael Kipp (The Hague, The Netherlands) (represented by: 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, assisted by B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Application for annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer him a permanent post and of the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 12 June 2008 in which the European Police Office (Europol) refused to grant Mr Kipp a contract of indefinite duration;

2. Orders Europol to bear the costs.

(1) OJ C 167, 18.07.09, p. 25.
EN Official Journal of the European Union C 55/36

Judgment of the Civil Service Tribunal (Second Chamber) of 13 January 2011 — Nijs v Court of Auditors

(Case F-77/09) (1)

(Civil service - Officials - Disciplinary measures - Disciplinary procedure - Articles 22a and 22b of the Staff Regulations - Impartiality - Reasonable time)

2011/C 55/65

Language of the case: French

Parties

Applicant: Bart Nijs (Bridel, Luxembourg) (represented by: F. Rollinger, lawyer)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J.-M. Stenier, Agents)

Re:

Civil service — Application for annulment of the decision of the ad hoc committee of the European Court of Auditors of 15 January 2009 removing the applicant from his post with effect from 1 February 2009 without reduction in pension.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Nijs to bear his own costs and to pay those incurred by the Court of Auditors.

(1) OJ C 282, 21.11.2009, p. 65.
EN Official Journal of the European Union C 30/61

Judgment of the Civil Service Tribunal (First Chamber) of 14 December 2010 — Lenz v Commission

(Case F-80/09) (1)

(Civil service - Officials - Social security - Reimbursement of the costs of treatment provided by a ‘Heilpraktiker’ - Principle of non-discrimination)

2011/C 30/117

Language of the case: German

Parties

Applicant: Erika Lenz (Osnabrük, Germany) (represented by: initally, V. Lenz and J. Römer, lawyers, and subsequently, V. Lenz, J. Römer and P. Birden, lawyers)

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

Re:

Application for annulment of the Commission’s decision of 4 May 2009 not to reimburse the costs of medical treatment provided by a ‘Heilpraktiker’.

Operative part of the judgment

The Tribunal:

1. Dismisses the action of Mrs Lenz.

2. Orders Mrs Lenz to pay the costs.

(1) OJ C 282, 21.11.2009, p. 66.
EN Official Journal of the European Union C 138/22

Judgment of the Civil Service Tribunal (Second Chamber) of 10 November 2011 — Juvyns v Council

(Case F-20/09) (1)

(Civil service - Officials - Promotion - 2008 promotion procedure - Comparative examination of merit - Procedure based on 2005/2006 annual staff reports - Criterion of the level of responsibilities exercised)

2012/C 138/42

Language of the case: French

Parties

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

Defendant: Council of the European Union (represented by: initially by: K. Zieleśkiewicz and G. Kimberley, and subsequently by: K. Zieleśkiewicz and M. Bauer, acting as Agents)

Re:

Annulment of the decision not to promote the applicant to grade AST 7 in the 2008 promotion procedure and, so far as necessary, of the decisions to promote less deserving officials to that grade

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Juvyns to bear his own costs and pay those of the Council of the European Union.

(1) OJ C 113, 16.5.2009, p. 46.
EN Official Journal of the European Union C 252/49

Judgment of the Civil Service Tribunal (3rd Chamber) of 13 April 2011 — Lebedef and Jones v Commission

(Case F-29/09 REV)

(Civil service - Revision of a judgment - No new facts - Inadmissibility)

2011/C 252/104

Language of the case: French

Parties

Applicants: Giorgio Lebedef (Senningerberg, Luxembourg) and Trevor Jones (Ernzen, Luxembourg) (represented by: F. Frabetti, lawyer)

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

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

Re:

Action by the applicants for revision of a judgment delivered by the Third Chamber of the Civil Service Tribunal on 30 September 2010 in Case F-29/09

Operative part of the judgment

The Tribunal:

1. Dismisses the application for revision as inadmissible;

2. Orders Mr. Lebedef and Mr. Jones to pay all the costs;
EN Official Journal of the European Union C 340/37

Judgment of the Civil Service Tribunal (First Chamber) of 13 September 2011 — Behnke v Commission

(Case F-68/10) (1)

(Civil Service - Officials - 2009 appraisal and promotion exercise - Statement of reasons of the opinion of the Joint Appraisal and Promotion Committee - Manifest error of assessment)

2011/C 340/74

Language of the case: French

Parties

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

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

Re:

Application for annulment of the decision to classify the applicant in performance group II and to award him 5 promotion points in his career development report for the period from 1 January to 31 December 2008.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders the European Commission to pay, in addition to its own costs, one quarter of the costs incurred by Mr Behnke;

3. Orders Mr Behnke to pay three quarters of his own costs.

(1) OJ C 288, 23.10.10, p. 74.
EN Official Journal of the European Union C 30/62

Judgment of the Civil Service Tribunal (Single Judge) of 14 December 2010 — Marcuccio v Commission

(Case F-1/10) (1)

(Civil service - Officials - Social security - Sickness insurance - Applications for reimbursement of medical expenses - No act adversely affecting an official - Inadmissibility - No proper statement of reasons)

2011/C 30/121

Language of the case: Italian

Parties

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

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

Re:

Application for annulment of the decision refusing 100 % reimbursement of the applicant’s medical expenses.

Operative part of the judgment

The Tribunal:

1. Annuls the implied decisions by which the European Commission rejected Mr Marcuccio’s claims of 25 December 2008 seeking reimbursement at the normal rate of certain medical expenses.

2. Dismisses the remainder of the heads of claim.

3. Orders each party to bear its own costs.

(1) OJ C 63, 13.3.2010, p. 52.
EN Official Journal of the European Union C 138/24

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Kimman v Commission

(Case F-74/10) (1)

(Staff cases - Civil servants - Article 43 of the Staff Regulations - Article 45 of the Staff Regulations - 2009 appraisal - Classification in a level of performance - Decision awarding promotion points - Appraisal report - Opinion of the ad hoc group - Infringement of the duty to give reasons - Plea raised of its own motion - Burden of proof)

2012/C 138/47

Language of the case: French

Parties

Applicant: Eugène Émile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)

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

Re:

Application to annul the applicant’s staff report for 2008

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Commission to bear a quarter of the applicant’s costs, in addition to its own costs;

3. Orders the applicant to pay three quarters of his own costs.

(1) OJ C 301, 6.11.2010, p. 63.
EN Official Journal of the European Union C 32/43

Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2011 — de Fays v Commission

(Case F-30/10) (1)

(Civil service - Officials - Social security - Insurance against occupational diseases and accidents - Article 73 of the Staff Regulations - Refusal to recognise the occupational origin of a disease)

2012/C 32/85

Language of the case: French

Parties

Applicant: Philippe de Fays (Malèves-Sainte-Marie-Wastines, Belgium) (represented by: N. Soldatos, then by N. Soldatos and C. Eyben, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, agents, and by J.-L. Fagnart, lawyer)

Re:

Action to annul the decision refusing to recognise the occupational origin of the disease suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. dismisses the action brought by Mr de Fays;

2. orders Mr de Fays to pay all the costs.

(1) OJ C 179 of 03.07.10, p. 59.
EN Official Journal of the European Union C 46/27

Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Cocchi and Falcione v Commission

(Case F-122/10) (1)

(Civil service - Officials - Pension - Transfer of pension rights acquired under a national pension - Withdrawal of a transfer proposal - Measure not having conferred subjective rights or other similar benefits)

2013/C 46/49

Language of the case: French

Parties

Applicants: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented by: S. Orlandi and J.-N. Louis, lawyers)

Defendant: European Commission (represented by: D. Martin and J. Baquero Cruz, acting as Agents)

Re:

Civil service — Annulment of the decision to withdraw a proposal relating to transfer of the applicants’ pension rights when already accepted by them

Operative part of the judgment

The Tribunal:

1. The European Commission’s decisions of 12 and 23 February 2010 are annulled in so far as they withdraw the proposals put to Mr Cocchi and Mr Falcione indicating the result in additional pension annuities to be generated by a potential transfer of rights;

2. Dismisses the action as to the remainder;

3. Order the European Commission to bear its own costs and to pay one-third of those incurred by Mr Cocchi and Mr Falcione;

4. Orders Mr Cocchi and Mr Falcione to bear two-thirds of their costs.

(1) OJ C 63, 26.2.11, p. 34.
EN Official Journal of the European Union C 217/31

Judgment of the Civil Service Tribunal (First Chamber) of 5 June 2012 — Chatzidoukakis v Commission

(Case F-84/10) (1)

(Civil service - Officials - Remuneration - Family allowances - Education allowance - Conditions of grant - Deduction of an allowance of like nature paid from other sources)

2012/C 217/65

Language of the case: Greek

Parties

Applicant: Efstratios Chatzidoukakis (Schrassig, Luxembourg) (represented by: V. Christianos, lawyer)

Defendant: European Commission (represented by: D. Martin, Agent, and E. Bourtzalas and E. Antypas, lawyers)

Re:

Annulment of the decision of the Commission whereby the education allowance granted to the applicant was reduced on the basis that his son receives financial assistance from a Member State by way of a grant and a loan.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Chatzidoukakis to pay the European Commission’s costs.

(1) OJ C 13, 15.1.2011, p. 39.
EN Official Journal of the European Union C 46/28

Judgment of the Civil Service Tribunal (First Chamber) of 5 December 2012 — BA v Commission

(Case F-29/11) (1)

(Civil service - Open competition - Competition notice EPSO/AD/147/09 - Creation of a reserve list for the recruitment of administrators having Romanian citizenship - In-depth knowledge of the official language of Romania - Hungarian language minority in Romania - Not admitted to the oral test - Principles of equal treatment and non-discrimination - Scope)

2013/C 46/53

Language of the case: French

Parties

Applicant: BA (Wezembeek-Oppem, Belgium) (represented: initially by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers and subsequently by S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission (represented: initially by B. Eggers and P. Pecho, acting as Agents, and subsequently by B. Eggers, acting as Agent)

Re:

Civil service — Action for annulment of the selection board’s decision in competition EPSO/AD/147/09-RO not to admit the applicant to the oral test in that competition.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders BA to bear her own costs and to pay the costs incurred by the European Commission.

(1) OJ C 173, 11.6.2011, p. 16.
EN Official Journal of the European Union C 227/36

Judgment of the Civil Service Tribunal (Third Chamber) of 13 June 2012 — Mocová v Commission

(Case F-41/11) (1)

(Civil service - Members of the temporary staff - Non-renewal of a fixed-term contract - Discretion - Article 8 of the Conditions of Employment of other Servants of the European Communities - Article 4 of the decision of the Director General of OLAF, of 30 June 2005, on the engagement and employment of OLAF’s temporary staff - Maximum duration of contracts of a temporary agent)

2012/C 227/59

Language of the case: French

Parties

Applicant: Dana Mocová (Brussels, Belgium) (represented by:D. Abreu Caldas, S. Orlandi, A.. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J Currall and D Martin, acting as Agents)

Re:

Application for annulment of the decision of the Director General of OLAF to reject the applicant’s application to extend her contract as a member of the temporary staff for the purposes of Article 2(1) of the Conditions of Employment of other Servants of the European Communities.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 282 of 24/09/11, p. 51.
EN Official Journal of the European Union C 171/41

Judgment of the Civil Service Tribunal (Third Chamber) of 24.4.2013 — CB v Commission

(Case F-73/11) (1)

(Civil service - Officials - Open competition - Notice of competition EPSO/AD/181/10 - Non-admission to the assessment tests)

2013/C 171/84

Language of the case: English

Parties

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

Defendant: European Commission (represented by: J. Currall, acting as Agent, and by A. Dal Ferro, lawyer)

Re:

Application to annul the decision not to admit the applicant to the assessment tests in the competition EPSO/AD/181/10.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders the European Commission to bear its own costs and to pay half of the costs incurred by CB.

3. Orders CB to bear half of his own costs.

(1) OJ C 282, 24.9.11, p. 53.
EN Official Journal of the European Union C 79/33

Judgment of the Civil Service Tribunal (First Chamber) of 15 January 2013 — BO v Commission

(Case F-27/11) (1)

(Staff case - Social security - Payment of transport costs connected to medical care - Transport costs incurred for linguistic reasons)

2013/C 79/54

Language of the case: French

Parties

Applicant: BO (Amman, Jordan) (represented by: L. Levi, M. Vandenbussche and C. Bernard-Glanz, lawyers)

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

Re:

Staff case — Application for annulment of the defendant’s decisions refusing to authorise medical benefits requested by the applicant for his son, his wife and himself.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the European Commission of 1 June 2010 refusing to pay the costs for the transport and accompaniment of BO’s son;

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

(1) OJ C 186, 25.6.11, p. 33.
Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Faita v EESC

(Case F-92/11) (1)

(Civil service - Psychological harassment - Request for assistance - Grounds of a decision)

(2014/C 71/56)

Language of the case: French

Parties

Applicant: Carla Faita (Brussels, Belgium) (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Economic and Social Committee (EESC) (represented by: M. Arsène and L. Camarena Januzec, acting as Agents, and by M. Troncoso Ferrer and F.-M. Hislaire, lawyers)

Re:

Application for annulment of the decision of the Economic and Social Committee refusing the applicant’s request for acknowledgement that she was the victim of misconduct, as a result of lack of assistance and a breach of the duty of care, and for measures to be taken in order to establish publicly the applicant’s merits and abilities, and a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Faita to bear her costs and to pay three-quarters of the costs incurred by the European Economic and Social Committee;

3. Orders the European Economic and Social Committee to bear one quarter of its costs.

(1) OJ C 347, 26.11.2011 p. 46.
EN Official Journal of the European Union C 352/23

Judgment of the Civil Service Tribunal (1st Chamber) of 17 October 2013 — BF v Court of Auditors

(Case F-69/11) (1)

(Civil service - Procedure for filling the post of director - Report of the pre-selection board - Statement of reasons - None - Unlawfulness of the nomination decision - Conditions)

2013/C 352/42

Language of the case: French

Parties

Applicant: BF (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J. Vermer, acting as Agents, and by D. Waelbroeck)

Re:

Application to annul the decision of the Court of Auditors not to appoint the applicant to the post of director of the Directorate of Human Resources and to appoint another candidate to that post.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of 18 November 2011 by which the Court of Auditors of the European Union appointed Ms Z to the post of Director of Human Resources and rejected BF’s candidacy for that post;

2. Considers that there is no need to adjudicate on the request of the Court of Auditors of the European Union to remove from the file Annexes A7 and A11 to the application;

3. Dismisses the action as to the remainder;

4. Orders the Court of Auditors of the European Union to bear its own costs and to pay those incurred by BF.

(1) OJ C 282, 24.9.2011, p. 52.
EN Official Journal of the European Union C 147/33

Judgment of the Civil Service Tribunal (First Chamber) of 19 March 2013 — BR v Commission

(Case F-13/12) (1)

(Civil service - Member of the temporary service - Non-renewal of a contract)

2013/C 147/62

Language of the case: French

Parties

Applicant: BR (Wezembeek-Oppem, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Re:

Civil service — Application for annulment of the decision of the Commission not to renew the applicant’s contract as a member of the contract staff.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that BR must bear her own costs and orders her to pay the costs incurred by the European Commission.

(1) OJ C 138, 12.5.2012, p. 32.
EN Official Journal of the European Union C 377/21

Judgment of the Civil Service Tribunal (First Chamber) of 5 November 2013 — De Nicola v EIB

(Case F-63/12) (1)

(Civil Service - Compliance with a judgment - Costs - Reimbursement of costs - Reimbursement of the sum paid by way of recoverable costs following a judgment annulling in part the judgment by which the applicant was ordered to pay those costs)

2013/C 377/47

Language of the case: Italian

Parties

Applicant: Carlo de Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank (represented by: G. Nuvoli and F. Martin, Agents, A. Dal Ferro, lawyer)

Re:

Application to annul the letters by which the defendant refuses to reimburse, following the judgment of the General Court of the European Union in Case T-37/10 P De Nicola v EIB, which annulled in part the judgment of the Civil Service Tribunal in Case F-55/08 De Nicola v EIB, the EUR 6 000 which the applicant had paid to the defendant by way of recoverable costs following the judgment of the Civil Service Tribunal in Case F-55/08 DEP.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of 4 and 25 May 2012 of the European Investment Bank;

2. Orders the European Investment bank to pay Mr De Nicola the sum of EUR 6 000, with default interest as from 29 April 2012. The default interest rate must be calculated on the basis of the rate set by the European Central Bank for its principal refinancing operations applicable over the period concerned, increased by two points;

3. Dismisses the remainder of the application;

4. Orders the European Investment Bank to bear its own costs and to pay the costs incurred by Mr De Nicola.

(1) OJ C 311, 13.10.2012, p. 16.