ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 138/26

Judgment of the Civil Service Tribunal (Third Chamber) of 29 November 2011 — Di Tullio v Commission

(Case F-119/10) (1)

(Civil service - Temporary staff - Leave for national service - Article 18 of the Conditions of Employment of Other Servants - Professional soldier - Completion of a period of territorial command - Refusal)

2012/C 138/54

Language of the case: French

Parties

Applicant: Di Tullio (Rovigo, Italy) (represented by: É. Boigelot and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and V. Joris, Agents)

Re:

Application for annulment of the decision of OLAF’s services refusing to grant the applicant leave for national service pursuant to Article 18 CEOS.

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Di Tullio’s action;

2. Orders Mr Di Tullio to pay all the costs.

(1) OJ C 30, 29.1.2011, p. 66.
EN Official Journal of the European Union C 157/12

Judgment of the Civil Service Tribunal (First Chamber) of 28 March 2012 — Rapone v Commission

(Case F-36/10) (1)

(Civil service - Open competition - Successive applications for an open competition - Refusal to register)

2012/C 157/20

Language of the case: Italian

Parties

Applicant: Chiara Rapone (Rome, Italy) (represented initially by A. Rapone, lawyer and subsequently by L. Rapone, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents and A. Dal Ferro, lawyer)

Re:

Application to annul the decision of EPSO not to register the application to take part in open competition EPSO/AD/177/10 submitted by the applicant.

Operative part of the judgment

The Tribunal:

1. The application is dismissed;

2. Ms Rapone is to bear her own costs and to pay those incurred by the European Commission.

(1) OJ C 209, 31.7.2010, p. 54.
EN Official Journal of the European Union C 46/26

Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Mata Blanco v Commission

(Case F-65/10) (1)

(Civil service - Internal competition COM/INT/OLAF/09/AD10 - Combating fraud - Respective competences of EPSO and the selection board - Admission tests supervised by the selection board - Oral test - Infringement of the notice of competition - Difference between marks - Evaluation criteria - Equal treatment of candidates - Manifest error of assessment - Principles of transparency and of sound administration - Obligation to state reasons)

2013/C 46/47

Language of the case: French

Parties

Applicant: Mata Blanco (Brussels, Belgium) (represented by: L. Levi and A. Blot, lawyers)

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

Re:

Civil service — Application for annulment of the EPSO decision not to include the applicant on the reserve list for internal competition ‘COM/INT/OLAF.09/AD10 — Administrators specialised in anti-fraud’ and the reserve list and all the decisions taken on the basis of that list

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Mata Blanco to bear his own costs and to pay the costs incurred by the European Commission.

(1) OJ C 288, 23.10.2010, p. 73.
EN Official Journal of the European Union C 217/30

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

(Case F-71/10) (1)

(Civil Service - Members of the contract staff - Conference interpreter - Articles 12a and 24 of the Staff Regulations - Psychological harassment - Conflict of interest - Claim for compensation)

2012/C 217/63

Language of the case: French

Parties

Applicant: Nicola Cantisani (Brussels, Belgium) (represented by: S. de Lannoy, lawyer)

Defendant: European Commission (represented by: J. Currall and J. Barquero Cruz, Agents)

Re:

Application for the annulment of the defendant’s decision rejecting the applicant’s request for assistance in respect of psychological harassment and claim for compensation.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Cantisani to bear his own costs and to pay those of the European Commission.

(1) OJ C 317, 20.11.2010, p. 49.
EN Official Journal of the European Union C 38/31

Judgment of the Civil Service Tribunal (Third Chamber) of 5 December 2012 — Grazyte v Commission

(Case F-76/11) (1)

(Civil Service - Remuneration - Expatriation allowance - Condition laid down in Article 4(1)(b) of Annex VII to the Staff Regulations - Ten-year reference period - Starting point - Expiry point - Periods of service for an international organisation disregarded - Application by analogy with the provisions of Article 4(1)(a) of Annex VII of the Staff Regulation)

2013/C 38/58

Language of the case: Italian

Parties

Applicant: Diana Grazyte (Utena, Lithuania) (represented by: R. Guarino, lawyer)

Defendant: European Commission (represented by: D. Martin, Agent and A. Dal Ferro, lawyer, then V. Joris, Agent and A. Dal Ferro, lawyer)

Re:

Application for the annulment of the decision of the Appointing Authority refusing the applicant’s claims for expatriation allowance.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms. Grazyte to bear her own costs and to pay those incurred by the European Commission.

(1) OJ C 319, 29.10.2011, p. 29.
EN Official Journal of the European Union C 227/37

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

(Case F-105/11) (1)

(Civil Service - Temporary agents - Temporary agent occupying a permanent post - Non-renewal of a fixed-term contract - Discretion of the administration - Article 8 of the CEOS - Article 4 of the Decision of the Director General of OLAF of 30 June 2005 on a new policy for the engagement and use of OLAF's temporary agents - Maximum duration of temporary staff contracts - Abuse of rights)

2012/C 227/61

Language of the case: French

Parties

Applicant: Hans Davids (Doorn, Netherlands) (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 request for the extension of the applicant’s contract as a member of the temporary staff within the meaning of Article 2(b) of the Conditions of Employment

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 6, 7.1.12, p. 26.
2.

Mr Lebedef is ordered to bear his own costs and to pay the costs incurred by the European Commission.
EN Official Journal of the European Union C 71/28

Judgment of the Civil Service Tribunal (2nd Chamber) of 23 January 2013 — Katrakasas v Commission

(Case F-24/11) (1)

(Civil service - Internal competitions COM/INT/OLAF/09/AD 8 and COM/INT/OLAF/09/AD 10 - Fraud prevention - Reconsideration of the decision to admit to take the oral test - Reconsideration of the decision not to include on the reserve list - Objection of illegality of the notice of competition - Conditions concerning diplomas and professional experience - Anonymity rule - Infringement of Article 31 of the Staff Regulations - Misuse of powers - Subject of the written test favouring one category of candidates - Behaviour of a member of the selection board during the oral test)

2013/C 71/46

Language of the case: French

Parties

Applicant: Nicolas Katrakasas (Brussels, Belgium) (represented by: L. Levi, lawyer)

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

Re:

Civil service — Application for annulment of the decision of the competition selection board not to include the applicant on the reserve list in competition COM/INT/OLAF/09/AD8

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

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

(1) OJ C 152, 21.5.2011, p.33.
EN Official Journal of the European Union C 421/47

Judgment of the Civil Service Tribunal (Second Chamber) of 10 July 2014 — CG v EIB

(Case F-115/11) (1)

((Civil Service - Staff of the EIB - Appointment - Post of Head of division - Appointment of a candidate other than the applicant - Irregularities in the selection procedure - Duty of impartiality on the members of the selection board - Blameworthy conduct by the president of the selection board towards the applicant - Conflict of interests - Oral presentation made by all candidates - Documents provided for the oral presentation likely to favour one of the candidates - Candidate having taken part in the drafting of the documents provided - Infringement of the principle of equal treatment - Action for annulment - Claim for compensation))

2014/C 421/65

Language of the case: French

Parties

Applicant: CG (represented initially by: N. Thieltgen, lawyer, and subsequently by: J.-N. Louis and D. de Abreu Caldas, lawyers)

Defendant: European Investment Bank (EIB) (represented by: G. Nuvoli and T. Gilliams, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the decision of the President of the EIB not to appoint the applicant but another candidate to the post of head of a division within the EIB and a claim for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the President of the European Investment Bank of 28 July 2011 appointing Mr A. to the post of Head of the Risk Policy and Pricing Division;

2. Orders the European Investment Bank to pay CG the sum of EUR 25 000;

3. Dismisses the remainder of the action;

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

(1) OJ C 6, 7.1.2012, p. 28.
EN Official Journal of the European Union C 352/23

Judgment of the Civil Service Tribunal (Third Chamber) of 11 September 2013 — de Brito Sequeira Carvalho v Commission

(Case F-126/11) (1)

(Civil Service - Officials - Disciplinary measures - Disciplinary procedure - Disciplinary sanction - Reprimand - Article 25 of Annex IX to the Staff Regulations - Article 22a of the Staff Regulations)

2013/C 352/43

Language of the case: French

Parties

Applicant: José Antonio de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: M. Boury, lawyer)

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

Re:

Application to annul the decision of the Appointing Authority in so far as it issues a disciplinary sanction in the form of a written reprimand to the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr de Brito Sequeira Carvalho to bear his own costs and to pay those incurred by the European Commission.

(1) OJ C 174, 16.6.12, p. 31.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (1st Chamber) of 19 March 2013 — SF (*1) v Commission

(Case F-10/12) (1)

(Civil Service - Remuneration - Daily subsistence allowance - Transfer - Grant of the daily subsistence allowance - Official owning accommodation located at the new place of employment - Proof of expenses incurred due to provisional installation at the new place of employment)

(2013/C 147/61)

Language of the case: French

Parties

Applicant: SF (*1) (represented by: S. Pappas, lawyer)

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

Re:

Civil Service — Application to annul the Commission decision refusing to grant the applicant daily subsistence allowances.

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 the costs incurred by SF (*1);

3. Orders SF (*1) to bear half of his own costs.

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

(1) OJ C 65, 3.3.2012, p. 29.
EN Official Journal of the European Union C 377/22

Judgment of the Civil Service Tribunal (1st Chamber) of 5 November 2013 — Knöll v Europol

(Case F-105/12) (1)

(Civil service - Europol staff - Non-renewal of a contract - Refusal to grant an indeterminate contract - Annulment by the Tribunal - Compliance with the Tribunal’s judgment)

2013/C 377/50

Language of the case: Dutch

Parties

Applicant: Brigitte Knöll (Hochheim am Main, Germany) (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (represented by: D. Neumann and D. El Khoury, Agents and B. Wägenbaur, lawyer)

Re:

Application to annul Europol’s decision, taken to comply with the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-44/09 Knöll v Europol, by which Europol granted the applicant a fixed sum to compensate her for the harm caused to her by the decision annulled by that judgment.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 28 November 2011 by which the European Police Office granted to Ms Knöll the sum of EUR 20 000 in order to comply with the Tribunal’s judgment of 29 June 2010 in Case F-44/09 Knöll v Europol;

2. Orders the European Police Office to bear its own costs and to pay the costs incurred by Ms Knöll.

(1) OJ C 26, 26.1.2013, p. 70.
EN Official Journal of the European Union C 344/69

Judgment of the Civil Service Tribunal (Third Chamber) of 9 October 2013 — Wahlström v Frontex

(Case F-116/12) (1)

(Civil service - Temporary agent - Appraisal report - Duty to state reasons - Annual dialogue with the reporting officer - Setting objectives)

2013/C 344/126

Language of the case: French

Parties

Applicant: Kari Wahlström (Espoo, Finland) (represented by: S. Pappas, lawyer)

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: H. Caniard and S.Vuorensola, Agents, and A. Duron and D. Waelbroeck, lawyers)

Re:

Application to annul the applicant’s staff report and claim for compensation

Operative part of the judgment

The Tribunal:

1. Rejects the application.

2. Orders Mr Wahlström to bear his own costs and to pay the costs of European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

(1) OJ C 379, 08.12.2012, p. 39.
EN Official Journal of the European Union C 78/19

Judgment of the Civil Service Tribunal (First Chamber) of 21 January 2014 — Van Asbroeck v Parliament

(Case F-102/12) (1)

(Civil service - Classification in grade - Applicants placed on the reserve list of a competition to change category following the entry into force of the 2004 Staff Regulations - Compensatory allowance - Decision to re-grade officials benefitting from that compensatory allowance)

2014/C 78/39

Language of the case: French

Parties

Applicant: Van Asbroeck (Dilbeek, Belgium) (represented by: C. Bernard-Glanz and S. Rodrigues, lawyers)

Defendant: Parliament (represented by: V. Montebello-Demogeot and S. Seyr, acting as Agents, then by V. Montebello-Demogeot and M. Ecker, acting as Agents)

Re:

Annulment of the decision to re-grade the applicant in grade AST 5, step 3, with retroactive effect.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Parliament to bear its own costs and to pay the costs incurred by Mr Van Asbroeck.

(1) OJ C 366, 24.11.2012, p. 41.
1.

Annuls the decision communicated by e-mail of 12 March 2012 to Ms Marenco by which the selection committee of the Call for expressions of interest REA/2011/TA/PO/AD 5 refused, after review, to include Ms Marenco’s name on the reserve list at the end of the selection procedure.
EN Official Journal of the European Union C 190/32

Judgment of the Civil Service Tribunal (First Chamber) of 21 April 2015 — Alsteens v Commission

(Case F-87/12 RENV)

((Civil Service - Referred back after setting aside of the judgment - Temporary member of staff - Renewal of contract - Six year rule))

(2015/C 190/36)

Language of the case: French

Parties

Applicant: Geoffroy Alsteens (Marcinelle, Belgium) (represented by: S. Orlandi, lawyer)

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

Re:

Referred back after setting aside of the judgment — Civil service — Application for annulment of the Commission’s decision to limit the extension period of the applicant’s contract.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Alsteens to bear his own costs incurred in Cases F-87/12, T-373/13 P and F-87/12 RENV and to pay the costs incurred by the European Commission in Case F-87/12;
EN Official Journal of the European Union C 223/66

Judgment of the Civil Service Tribunal (Second Chamber) of 22 May 2014 — CI v Parliament

(Case F-130/12) (1)

((Civil Service - Remuneration - Family allowances - Dependent child allowance - Double dependent child allowance - Article 67(3) of the Staff Regulations - Conditions for grant - Amicable settlement between the parties after the intervention of the European Ombudsman - Implementation - Duty of care))

2014/C 223/68

Language of the case: French

Parties

Applicant: CI (represented by: B. Cortese and A. Salerno, lawyers)

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

Re:

Application to annul the decision refusing to grant the double dependant child allowance under Article 67(3) of the Staff Regulations

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Parliament of 5 December 2011 refusing to renew, with effect from 1 June 2008, the double dependent child allowance, and the decision of 20 July 2012 rejecting the claim;

2. Dismisses the remainder of the action;

3. Orders the European Parliament to bear its own costs and to pay the costs incurred by CI.

(1) OJ C 71, 9.3.2013, p. 29.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Third Chamber) of 25 September 2014 — Osorio and Others v EEAS

(Case F-101/13) (1)

((Civil Service - Remuneration - Staff of the EEAS employed in a third country - Decision of the Appointing Authority amending the list of third countries for which the living conditions are equivalent to those normal in the European Union - Act of general application - Admissibility of the action - Annual assessment of the living conditions allowance - Withdrawal))

(2014/C 395/78)

Language of the case: French

Parties

Applicants: Carla Osorio (Pointe aux Canonniers, Mauritius) and others (represented by: S. Orlandi, lawyer)

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

Re:

Application for annulment of the decision of the Appointing Authority of 19 December 2012, taking effect on 1 July 2013, no longer to grant the living conditions allowance provided for in Article 10 of Annex X to the Staff Regulations to officials employed in the Republic of Mauritius.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Osorio and the other applicants whose names appear in annexe to bear their own costs;

3. Orders the European External Action Service to bear its own costs.

(1) OJ C 367, 14.12.2013, p. 41.
EN Official Journal of the European Union C 194/40

Judgment of the Civil Service Tribunal (3rd Chamber) of 14 May 2014 — Alexandrou v Commission

(Case F-34/13) (1)

((Civil service - Open competition - Competition notice EPSO/AD/231/12 - Non-admission to the assessment tests - Access to documents))

2014/C 194/59

Language of the case: French

Parties

Applicant: Christodoulos Alexandrou (Luxembourg, Luxembourg) (represented by: R. Duta, lawyer)

Defendant: European Commission (represented by: B. Eggers and G. Gattinara, Agents)

Re:

Application to annul the decision of the selection board for Competition EPSO/AD/231/12 not to admit the applicant to the assessment tests of that competition.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 207, 20/07/2013, p. 58.
EN Official Journal of the European Union C 381/62

Judgment of the Civil Service Tribunal (Second Chamber) of 8 October 2015 — DD v FRA

(Joined Cases F-106/13 and F-25/14) (1)

((Civil service - FRA staff - Member of the temporary staff - Career development report - Internal appeal - Accusations of discrimination - Accusations of victimisation within the meaning of Directive 2000/43 - Administrative enquiry - Disciplinary proceedings - Disciplinary penalty - Reprimand - Articles 2, 3, and 11 of Annex IX to the Staff Regulations - Termination of a contract of indefinite duration - Article 47(c)(i) of the CEOS - Right to be heard - Article 41(2)(a) of the Charter of Fundamental Rights of the European Union))

(2015/C 381/87)

Language of the case: English

Parties

Applicant: DD (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights (represented by: M. Kjærum, acting as Agent, and P. Jenkinson, lawyer)

Re:

Case F-106/13: Application for annulment of the decision of the Director of the FRA imposing a disciplinary penalty, in the form of a reprimand, on the applicant.

Case F-25/14: Application for annulment of the decision terminating the applicant’s contract and of the decision rejecting his complaint and an application for damages in respect of the non-material and material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 20 February 2013 by which the Director of the European Union Agency for Fundamental Rights imposed a reprimand on DD;

2. Annuls the decision of 13 June 2013 by which the Director of the European Union Agency for Fundamental Rights terminated DD’s contract of indefinite duration as a member of the temporary staff;

3. Dismisses the actions in Joined Cases F-106/13 and F-25/14 as to the remainder;

4. Declares that the European Union Agency for Fundamental Rights is to bear its own costs and orders it to bear the costs incurred by DD.

(1) OJ C 45, 15.2.2014, p. 46 and OJ 184, 16.6.2014, p. 43.
EN Official Journal of the European Union C 26/43

Judgment of the Civil Service Tribunal (2nd Chamber) of 8 December 2014 — Cwik v Commission

(Case F-4/13) (1)

((Civil Service - Officials - Appraisal - Staff report - Appraisal period 1995/1997 - Enforcement of a judgment of the General Court - Application for annulment of the staff report - No referral to the Joint Committee on Staff Reports - Delay in the drawing up of the staff report - Action for damages))

(2015/C 026/55)

Language of the case: French

Parties

Applicant: Michael Cwik (Tervuren, Belgium) (represented by: N. Lhoëst, lawyer)

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

Re:

Application to annul the decision adopting the applicant’s staff report in respect of the period from 1995 to 1997 and an application for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decision of 12 March 2012 definitively establishing Mr Cwik’s new staff report in respect of the appraisal period 1995/1997;

2. Orders the European Commission to pay Mr Cwik the sum of EUR 15 000 by way of compensation for the non-material harm suffered;

3. Dismisses the action as to the remainder;

4. Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mr Cwik.

(1) OJ C 108, 13/4/2013, p. 38.