ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 155/41

Judgment of the Civil Service Tribunal (Second Chamber) of 23 March 2015 — Borghans v Commission

(Case F-6/14) (1)

((Civil service - Remuneration - Survivor’s pension - First paragraph of Article 27 of Annex VIII to the Staff Regulations - Divorced spouse of a deceased member of the permanent staff - Existence of alimony on the date of death of the member of the permanent staff - Article 42 of Annex VIII to the Staff Regulations - Time-limits for applying for payment of pension entitlements))

(2015/C 155/60)

Language of the case: French

Parties

Applicant: Julia Borghans (Auderghem, Belgium) (represented by: F. Van der Schueren and C. Lefèvre, lawyers)

Defendant: European Commission (represented by: J. Currall and A.-C. Simon, Agents)

Re:

Application for annulment of the decision refusing to grant the applicant a survivor’s pension following the death of her ex-spouse.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of 3 June 2013 by which the European Commission refused to grant a survivor’s pension to Mrs Borghans;

2) Orders the European Commission to bear its own costs and to pay the costs incurred by Mrs Borghans.

(1) OJ C 85, 22/3/2014, p. 28.
EN Official Journal of the European Union C 346/38

Judgment of the Civil Service Tribunal (2nd Chamber) of 9 September 2015 — De Loecker v EEAS

(Case F-28/14) (1)

((Civil service - EEAS staff - Member of the temporary staff - Head of delegation in a third country - Breakdown in the relationship of trust - Transfer to the EEAS seat - Early termination of the employment contract - Period of notice - Reasons given for the decision - Article 26 of the Staff Regulations - Rights of the defence - Right to be heard))

(2015/C 346/42)

Language of the case: French

Parties

Applicant: Stéphane De Loecker (Brussels, Belgium) (represented by: initially, J.-N. Louis and D. Abreu de Caldas, lawyers, and subsequently J.-N. Louis and N. de Montigny, lawyers)

Defendant: European External Action Service (represented by: S. Marquardt and M. Silva, Agents)

Re:

Application for annulment of the decisions of the High Representative of the European Union to terminate the applicant’s contract as a member of the temporary staff, to refuse to hear him in respect of alleged psychological harassment, to reject his request for the appointment of an external investigator and to have his complaint registered as a request.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr De Loecker shall bear his own costs and orders him to pay all the costs incurred by the European External Action Service.

(1) OJ C 184, 16.6.2014, p. 44.
EN Official Journal of the European Union C 245/47

Judgment of the Civil Service Tribunal (First Chamber) of 18 June 2015 — CX v Commission

(Case F-5/14) (1)

((Civil Service - Officials - Disciplinary penalty - Removal from post - Failure by the Appointing Authority to hear the official concerned - Failure to uphold the right to be heard))

(2015/C 245/58)

Language of the case: French

Parties

Applicant: CX (represented by: É. Boigelot, lawyer)

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

Re:

Application to annul the Commission’s decision to remove the applicant from his post under Article 9(1)(h) of Annex IX to the Staff Regulations without reducing his pension entitlement following an internal investigation begun following an investigation by OLAF opened against an undertaking, and a claim for damages and interest for the non-material and material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 16 October 2013 by which the European Commission imposed the penalty of removal from his post on CX without reducing his pension entitlement;

2. Dismisses the remainder of the action;

3. Orders the European Commission to bear its own costs and to pay the costs incurred by CX, including those of the interim proceedings in Case F-5/14 R.

(1) OJ C 85, 22.3.2014, p. 27.
Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Earlie v Parliament

(Case F-130/14) (1)

((Civil service - Official - Former official - Sums deducted from his retirement pension - Maintenance payable to the ex-wife of the former official - Attachment order adopted by a national court - Attachment order discharged - New order requiring the former official to instruct the Parliament to pay the maintenance to his ex-wife - Instructions to that effect by the former official - Subsequent instructions from the former official to cease the payments to his ex-wife - Parliament’s refusal to execute the instructions - Family law - Exclusive jurisdiction of the national court - Duty of sincere cooperation))

(2016/C 364/33)

Language of the case: English

Parties

Applicant: Thomas Earlie (Seville, Spain) (represented by: D. Bergin, solicitor)

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

Intervener in support of the defendant: Mary Earlie Gibbons (Dublin, Ireland) (H. Millar, solicitor)

Re:

Application for annulment of the decision to deduct from the applicant’s pension the amount of maintenance the applicant is obliged to pay to his former wife, that being a decision which, according to the applicant, infringes a judgment of a national court in divorce proceedings and an application for damages in respect of the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Earlie shall bear his own costs and orders him to pay the costs incurred by the European Parliament;

3. Declares that Ms Earlie Gibbons shall bear her own costs.

(1) OJ C 34, 2.2.2015, p. 52.
EN Official Journal of the European Union C 48/95

Judgment of the Civil Service Tribunal (Second Chamber) of 16 December 2015 — DE v EMA

(Case F-135/14) (1)

((Civil service - EMA staff - Placement on ‘non-active status’ - Act adversely affecting an official or staff member - Right to be heard - Infringement))

(2016/C 048/107)

Language of the case: English

Parties

Applicant: DE (represented by: S. Rodrigues and A. Blot, lawyers)

Defendant: European Medicines Agency (represented by: S. Marino, T. Jabłoński and N. Rampal Olmedo, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the EMA’s decision to suspend the applicant from duty and a request for compensation for the non-material harm which he claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 31 January 2014 by which the European Medicines Agency placed DE on ‘non-active status’;

2. Orders the European Medicines Agency to pay DE the sum of EUR 10 000;

3. Orders the European Medicines Agency to bear its own costs and to pay the costs incurred by DE.

(1) OJ C 16, 19/1/2015, p. 50.
EN Official Journal of the European Union C 106/48

Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Barnett and Mogensen v Commission

(Case F-56/15) (1)

((Civil service - Retired officials - Retirement pensions - Article 64 of the Staff Regulations - Weightings - Annual update of weightings - Article 65(2) of the Staff Regulations - Interim update - Articles 3, 4 and 8 of Annex XI to the Staff Regulations - Sensitivity threshold - Change in the cost of living - Article 65(4) of the Staff Regulations - Decision by the legislature not to update the weightings for 2013 and 2014 - Scope - Regulation No 1416/2013 - Over-estimation of the weighting for Denmark - Reduction of the weighting through the interim update mechanism - Misuse of powers))

(2016/C 106/58)

Language of the case: French

Parties

Applicants: Adrian Barnett (Roskilde, Denmark) and Sven-Ole Mogensen (Hellerup, Denmark) (represented by: S. Orlandi and T. Martin, lawyers)

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

Re:

Application for annulment of the decisions to reduce the weighting applicable to the pensions of the applicants, who are resident in Denmark, as is apparent from their pension receipts for June 2014, and a claim for compensation for the non-material damage which they claim to have suffered as a result of the different and contradictory information used to support the contested decisions.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Barnett and Mr Mogensen to bear their own costs and to pay the costs incurred by the European Commission.

(1) OJ C 213, 29.6.2015, p. 46.
EN Official Journal of the European Union C 95/26

Corrigendum to the notice in the Official Journal in Case F-104/15: Judgment of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — U (*) v Commission (Civil service — Survivor’s pension — Articles 18 and 20 of Annex VIII to the Staff Regulations — Surviving spouse of a former official — Eligibility — Second marriage — Equal treatment of officials)

( Official Journal of the European Union C 364 of 3 October 2016 , as re-published for reasons of protection of personal data)

(2017/C 095/34)

On page 4, in the table of contents, on page 33 and on page 34, ‘U (*)’ is replaced by ‘RN (*)’.
EN Official Journal of the European Union C 191/48

Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — FU v Commission

(Case F-49/15) (1)

((Civil Service - Disciplinary procedure - Disciplinary Board - Member of the temporary staff of the Court of Auditors appointed as a probationary official of the Commission - Change in place of employment - Simultaneous applications for allowance for resettlement in the home country and installation allowance in Brussels - Application for reimbursement of the removal expenses from Luxembourg to the home country - OLAF enquiry - Disciplinary penalty - Classification in a lower function group without downgrading - Article 25 of Annex IX to the Staff Regulations - Manifest error of assessment - Failure to comply with the adversarial principle - New fact - Obligation to reopen the disciplinary procedure - Proportionality of the penalty - Procedural time limit))

(2016/C 191/69)

Language of the case: French

Parties

Applicant: FU (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented initially by: J. Currall and C. Ehrbar, and subsequently by: C. Ehrbar and F. Simonetti, acting as Agents)

Re:

Annulment of the decision imposing a disciplinary sanction on the applicant in the form of reclassification in grade AST 5, whereas the applicant had been appointed to grade AD 5, for making statements, deemed to be false, in order to receive the resettlement allowance and removal expenses.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders FU to bear his own costs and to pay the costs incurred by the European Commission.

(1) OJ C 190, 8.6.2015, p. 36.
EN Official Journal of the European Union C 106/49

Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Clausen and Kristoffersen v Parliament

(Case F-62/15) (1)

((Civil service - Retired officials - Retirement pensions - Article 64 of the Staff Regulations - Weightings - Annual update of weightings - Article 65(2) of the Staff Regulations - Interim update - Articles 3, 4 and 8 of Annex XI to the Staff Regulations - Sensitivity threshold - Change in the cost of living - Article 65(4) of the Staff Regulations - Decision by the legislature not to update the weightings for 2013 and 2014 - Scope - Regulation No 1416/2013 - Over-estimation of the weighting for Denmark - Reduction of the weighting through the interim update mechanism - Misuse of powers))

(2016/C 106/59)

Language of the case: French

Parties

Applicants: Svend Leon Clausen (Jyllinge, Denmark) and Niels Kristoffersen (Køge, Denmark) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Parliament (represented by: E. Taneva and L. Deneys, acting as Agents)

Re:

Application for annulment of the decisions to reduce the weighting applicable to the pensions of the applicants, who are resident in Denmark, as is apparent from their pension receipts for June 2014, and a claim for compensation for the non-material damage which they claim to have suffered as a result of the different and contradictory information used to support the contested decisions.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Clausen and Mr Kristoffersen to bear their own costs and to pay the costs incurred by the European Parliament.

(1) OJ C 213, 29.6.2015, p. 49.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — U (*1) v Commission

(Case F-104/15) (1)

((Civil service - Survivor’s pension - Articles 18 and 20 of Annex VIII to the Staff Regulations - Surviving spouse of a former official - Eligibility - Second marriage - Equal treatment of officials))

(2016/C 364/39)

Language of the case: French

Parties

Applicant: U (*1) (represented by: F.Moyse, lawyer)

Defendant: European Commission (represented by: G. Gattinara, A.-C. Simon and F. Simonetti, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: M. Ecker and E. Tavena, acting as Agents)

Re:

Application for annulment of the decision not to grant a survivor’s pension to the applicant.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 24 September 2014 by which the European Commission refused the application of U (*1) for a survivor’s pension in respect of her late husband, a former official entitled to a retirement pension.

2. Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mrs U (*1).

3. Declares that the European Parliament is to bear its own costs.

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

(1) OJ C 302, 14.9.2015, p. 71.
EN Official Journal of the European Union C 287/35

Judgment of the Civil Service Tribunal (Second Chamber) of 28 June 2016 — FV v Council

(Case F-40/15) (1)

((Civil service - Assessment - Staff report - Interest in bringing proceedings - Downgrading of analytical assessments - Referral to the Reports Committee - Amendment by the second reporting officer of certain assessments not affecting the overall assessment - Manifest error of assessment - Duty to provide a statement of reasons - Duty to have regard to the welfare of staff))

(2016/C 287/42)

Language of the case: French

Parties

Applicant: FV (represented by: initially by T. Bontinck and A. Guillerme, lawyers, and subsequently by L. Levi, lawyer)

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

Re:

Application for annulment of the applicant’s staff report for 2013.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders FV to bear her own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 178, 1.6.2015, p. 27.
EN Official Journal of the European Union C 193/37

Order of the Civil Service Tribunal of 18 June 2009 — De Geest v Council

(Case F-80/05) (1)

2009/C 193/66

Language of the case: French

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

(1) OJ C 281, 12.11.2005, p. 25.
EN Official Journal of the European Union C 197/38

Order of the Civil Service Tribunal (First Chamber) of 18 June 2008 — Kröppelin v Council

(Case F-6/05)

(2008/C 197/75)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.
EN Official Journal of the European Union C 6/45

Order of the Civil Service Tribunal (First Chamber) of 4 November 2008 — Marcuccio v Commission

(Case F-133/06) (1)

(Staff cases - Officials - Application for the restitution of personal property - Decision rejecting the complaint drafted in a language other than the official's native language - Action out of time - Manifest inadmissibility)

(2009/C 6/90)

Language of the case: Italian

Parties

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

Defendant: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

First, action for annulment of the Commission decision rejecting the applicant's application to have delivered to him, at his current residence, property previously left at the official lodgings assigned to him in Angola and, secondly, a claim for damages

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Marcuccio is ordered to pay the costs.

(1) OJ C 223, 22.9.2007, p. 18.
EN Official Journal of the European Union C 22/58

Order of the Civil Service Tribunal of 28 November 2007 — Karatzoglou v European Agency for Reconstruction (EAR)

(Case F-71/07) (1)

(2008/C 22/113)

Language of the case: English

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

(1) OJ C 269, 10.11.2007, p. 70.
EN Official Journal of the European Union C 92/48

Order of the Civil Service Tribunal (First Chamber) of 25 February 2008 — Anselmo v Council

(Case F-85/07) (1)

(Staff case - Officials - Recruitment - Appointment - Grading - Successful candidates in an internal competition - New evidence - Lack - Manifestly inadmissible)

(2008/C 92/96)

Language of the case: French

Parties

Applicants: Anselmo (Brussels, Belgium) and Others (represented by: S.A. Pappas, lawyer)

Defendant: Council of the European Union

Re:

Annulment of the decisions of the appointing authority rejecting the complaints introduced by the applicants, successful candidates in internal competition B/277, because of discrimination which they maintain that they suffered in comparison with officials who benefited from the attestation procedure.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Each party is ordered to pay its own costs.

(1) OJ C 269, 10.11.2007, p. 71.
EN Official Journal of the European Union C 22/58

Order of the Civil Service Tribunal of 5 December 2007 — Moschonaki v European Foundation for the Improvement of Living and Working Conditions (EUROFOUND)

(Case F-3/07) (1)

(2008/C 22/112)

Language of the case: French

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

(1) OJ C 56, 10.3.2007, p. 43.
Official Journal of the European Union

Order of the Civil Service Tribunal of 26 July 2010 — Quadu v Parliament

(Case F-29/07) (1)

()

(2010/C 288/147)

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 223/61

Order of the Civil Service Tribunal (Second Chamber) of 26 June 2008 — Nijs v Court of Auditors

(Case F-108/07) (1)

(Civil service - Officials - Article 44(1)(c) of the Rules of Procedure of the Court of First Instance - Summary of the pleas in law in the application - No prior administrative complaint - Manifestly inadmissible)

(2008/C 223/116)

Language of the case: French

Parties

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

Defendant: Court of Auditors (represented by: T. Kennedy, J.-M Stenier and G. Corstens, agents)

Re:

Annulment of the decision of the Court of Auditors to renew the mandate for its Secretary General for a period of six years starting on 1 July 2007 and, alternatively, of the decision of the Appointing Authority not to promote the applicant to the grade LA5 for the 2004 promotion exercise following the judgment of the Court of First Instance of 3 October 2006 in Case T-171/05 Nijs v Court of Auditors

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Nijs is ordered to pay all the costs.

(1) OJ C 22 of 26.1.2008, p. 56.
EN Official Journal of the European Union C 209/72

Order of the Civil Service Tribunal (Second Chamber) of 27 June 2008 — Nijs v Court of Auditors

(Case F-1/08) (1)

(Staff Case - Officials - Article 35(1)(e) of the Rules of Procedure - Statement of pleas and arguments - Time-limit for complaints - Manifest inadmissibility)

(2008/C 209/133)

Language of the case: French

Parties

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

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

Re:

First, annulment of the decision of the Appeals Committee not to promote the applicant to Grade A*11 pursuant to the 2005 promotion year and, second, a claim for damages.

Operative part of the order

1. The action is dismissed as partly manifestly inadmissible and partly manifestly unfounded.

2. Mr Nijs is ordered to pay all the costs.

(1) OJ C 64, 8.3.2008, p. 68.
EN Official Journal of the European Union C 312/43

Order of the Civil Service Tribunal (Second Chamber) of 22 October 2009 — Aayhan and Others v European Parliament

(Case F-10/08) (1)

(No need to adjudicate)

2009/C 312/70

Language of the case: French

Parties

Applicants: Laleh Aayhan (Strasbourg, France) and Others (represented by: R. Blindauer, lawyer)

Defendant: European Parliament (represented by: M. Mustapha-Pacha and R. Ignătescu, later by R. Ignătescu and S. Seyr, Agents)

Re:

Annulment of the European Parliament's decision of 25 October 2007 rejecting the complaint brought by the applicants on 21 June 2007 for the purpose of having all the fixed-term contracts between them and the Parliament converted into a single contract for an indefinite period.

Operative part of the order

1. There is no need to adjudicate in Case F-10/08 Aayhan and Others v Parliament;

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

(1) OJ C 64, 8.03.2008, p. 70
EN Official Journal of the European Union C 44/78

Order of the Civil Service Tribunal of 27 November 2008 — Di Bucci v Commission

(Case F-23/08) (1)

(2009/C 44/143)

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 234/58

Order of the Civil Service Tribunal (First Chamber) of 22 June 2010 — Marcuccio v Commission

(Case F-78/09) (1)

(Staff cases - Officials - Action for damages - Reimbursement of costs - Availability of a parallel remedy - Manifestly inadmissible)

2010/C 234/106

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)

Re:

First, application for annulment of the Commission’s decision rejecting the applicant’s application for reimbursement of the costs he incurred in Case T-18/04 and which the defendant was ordered to pay by judgment of 10 June 2008. Secondly, an application for damages.

Operative part of the order

1. Mr Marcuccio’s action is dismissed as manifestly inadmissible.

2. The parties are to bear their own costs.

(1) OJ C 312, 19.12.2009, p. 43
EN Official Journal of the European Union C 232/43

Order of the Civil Service Tribunal of 25 May 2011 — AL v Parliament

(Case F-93/10) (1)

2011/C 232/79

Language of the case: French

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

(1) OJ C 328, 4.12.10, p. 61.
EN Official Journal of the European Union C 46/16

Order of the Civil Service Tribunal of 16 December 2010 — Merhzaoui v Council of the European Union

(Case F-52/10) (1)

2011/C 46/32

Language of the case: French

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

(1) OJ C 221, 14.8.2010, p. 61.