ddrg/super_eurlex huggingface dataset:
ORDER OF THE PRESIDENT OF THE THIRD CHAMBER

OF THE EUROPEAN UNION

CIVIL SERVICE TRIBUNAL

12 November 2015

FL and Others

v

European Police College (CEPOL)

‛Amicable settlement — Article 90(1) of the Rules of Procedure — Agreement of the parties on the initiative of the Tribunal — Removal from the register’

Application:

under Article 270 TFEU, by which FL and two other applicants, FM and FO, seek: annulment of the decision of the European Police College (CEPOL) of 23 May 2014 providing for the relocation of that agency to Budapest (Hungary) and informing its staff that any refusal to continue their employment at the new seat ‘will be considered as resignation [taking] effect [on] 30 September 2014’; annulment of CEPOL’s various decisions of 28 November 2014 rejecting the complaints lodged by the initial applicants individually between 8 and 21 August 2014; annulment of the two decisions of 22 December 2014 by which CEPOL claimed to have accepted the respective resignations of FM and FO; compensation for material and non-material damage.

Held:

Case F‑41/15 DISS I is removed from the register of the Tribunal. CEPOL shall bear its own costs in relation to the cases of FL, FM and FO together with those incurred by FL, FM and FO, in accordance with the terms of the agreement concluded between them.

Summary

Actions brought by officials — Amicable settlement of dispute before the Civil Service Tribunal — Removal from the register

(Rules of Procedure of the Civil Service Tribunal, Art. 91(1))

(see paras 4 and 5)
EN Official Journal of the European Union C 69/30

Action brought on 29 January 2007 — Angioi v Commission

(Case F-7/07)

(2007/C 69/61)

Language of the case: French

Parties

Applicant: Marie-Thérèse Angioi (Valenciennes, France) (represented by: M.-A. Lucas, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of 14 February 2006 of the European Personnel Selection Office (EPSO) laying down the applicant's results in the pre-selection tests for contract agents EU 25;

— annul the decision of EPSO and/or of the Selection Committee not to register the applicant in the data base of candidates who had passed the pre-selection tests;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant puts forward three pleas in law in support of her action.

By her first plea, the applicant claims that the Call for expression of interest published by EPSO on 20 June 2005 is contrary to Article 12(1) EC and Article 82(1) and (3)(e) of the Conditions of Employment of Other Servants. It criticises in particular the fact that the Call for expression of interest defined the candidates' main language as that of their nationality (or, in the case of countries with more than one official language, the language of their compulsory education) and provided for pre-selection tests to be held, for each candidate, in a language other than their main language and for a choice to be made between English, French and German. Those provisions meant that candidates, first, were prevented from declaring as their principal language another Community language of which they had thorough knowledge without however having the corresponding nationality and, second, were obliged to take the tests in one of the three aforementioned languages. The system gives rise to differential treatment based on nationality which cannot be objectively justified by the requirements of the functions to be performed.

The second plea alleges infringement of the principles of sound administration, equal treatment, objectivity and protection of legitimate expectations in that the applicant's pre-selection tests were marred by incidents which disturbed her and deprived her of some of the time allowed to her, without her having been authorised to start the tests over again or be granted extra time.

By her third plea, the applicant alleges, first, infringement of the principle of equal treatment in that the questions put were chosen in a random manner in a base containing questions of very varying levels, the validity of some of which was dubious and, second, infringement of the principles of protection of legitimate expectations and transparency and the obligation to state reasons in that EPSO did not provide her with the questions put to her.
EN Official Journal of the European Union C 8/32

Action brought on 31 October 2007 — Vinci v European Central Bank

(Case F-130/07)

(2008/C 8/58)

Language of the case: German

Parties

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

Defendant: European Central Bank

Form of order sought

— Find that the inclusion of the defendant's letter of 5 March 2007 (07) 139a H KK7bk HEAL and of the letter of 5 March 2007 (07) 139b H KK/bk HEAL, and the storage of the ‘medical certificate’ of Dr Schön of 24 April 2007 in the personal file, and the inclusion of the result of the examination of the Deutsche Klinik für Diagnostik concerning the applicant's state of health of 2 April 2007 in the medical file, is unlawful;

— Find that the defendant's decision of 3 September 2007 (07) 772 PSR JMC/cc APPE, by which it refuses to delete the personal data contained in the documents referred to under point 1 above, is unlawful;

— Find that the defendant's order of 5 March 2007 to submit to a medical examination, lacks legal effect;

— Order the defendant to pay the applicant EUR 10 000;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant seeks first an order finding that the inclusion of the documents referred to in that application in her personal file and in the separately kept medical file is unlawful. Second, the applicant seeks a finding that the refusal of the defendant to delete the illegally obtained personal data is unlawful. In its reasoning, the applicant claims that Staff Rule 5.13.4 of the European Central Bank (ECB), which does not provide a basis for the processing of the categories of personal data referred to in Article 10 of Regulation No 45/2001 of the Council and of the European Parliament of 18 December 2002 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (‘Regulation No 45/2001’), and which, contrary to Article 10(2)(b) of Regulation No 45/2001, does not lay down any objective which would make processing necessary, precludes the obtaining and storage of the medical data.

Thirdly, the applicant seeks an order annulling the Commission's decision of 5 March 2007 by which the applicant was ordered to undergo a medical examination. The applicant derives the nullity from the objection of abuse of discretion and from the failure to observe the essential procedural rules which are contained in Staff Rule 5.13.4. That rule provides that it is only the ‘Medical Adviser’ established at the ECB who is entitled to order further measures of a medical nature such as examinations, and not the applicant's direct superior.

Furthermore, the applicant claims compensation for non-material damage which she suffered as a result of having to undergo a full medical examination for which there was no adequate legal basis.
EN Official Journal of the European Union C 140/47

Action brought on 10 May 2007 — Prieto v Parliament

(Case F-42/07)

(2007/C 140/75)

Language of the case: French

Parties

Applicant: Antonio Prieto (Bousval, Belgium) (represented by: E. Boigelot, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Tribunal should:

— annul the European Parliament's decision of 9 June 2006 to appoint the applicant as a probationary official in step 3 of Grade AST 2;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a successful candidate in internal competition C/348 for Grades C5-4, was a member of the Commission's temporary staff in Grade AST 3 (formerly Grade C4) when he was appointed as a probationary official in Grade AST 2.

In support of his action, the applicant claims, first, that the decision to appoint him as an official in a grade and step lower than that which was his when he was a member of the temporary staff infringes Article 5(4) of Annex XIII to the Staff Regulations of Officials of the European Communities (‘the Staff Regulations’).

The applicant also pleads breach of the principle of equal treatment and non-discrimination, on the ground that only the successful candidates in the competition in question who were previously, as members of the temporary staff, in category D were able to retain their former more advantageous grade and step when they were appointed as officials.

The applicant claims, finally, that the contested decision also infringes the principles of legal certainty, the protection of legitimate expectations, proper administration and of sound management.
EN Official Journal of the European Union C 92/48

Action brought on 6 December 2007 — Van Arum v Parliament

(Case F-138/07)

(2008/C 92/98)

Language of the case: Dutch

Parties

Applicant: Rinse van Arum (Winksele, Belgium) (represented by: W. van den Muijsenbergh, lawyer)

Defendant: European Parliament

The subject-matter and description of the proceedings

(i) The applicant seeks an alteration of the decision of the appointing authority to award him one merit point to a decision to award him two merit points, and alternatively, annulment of that decision and an order that the appointing authority send to the Tribunal all of the papers and documents on the basis of which the contested decision was taken. (ii) The applicant seeks an order that the defendant pay to him the token sum of one euro in compensation.

Form of order sought

— alter the decision to award him one merit point to a decision to award him two merit points;

— alternatively, order the appointing authority to send to the Tribunal all of the papers and documents on the basis of which the Director General made his decisions of 7 September and 23 November 2006 and annul those decisions together with the decision of the joint committee;

— order the appointing authority to pay to the applicant in compensation a token sum of one euro;
—

Annul the decision of 25 October 2007 of the European Personnel Selection Office inasmuch as it did not include the applicant's name on the list of successful candidates and in the CAST 27/Relex database;
—

Annul the defendant's decision of 15 January 2007 not to award the applicant a third service point in the context of his periodical report for 2003 and its decision of 16 October 2007 rejecting the applicant's complaint against the decision of 15 January 2007;
EN Official Journal of the European Union C 158/25

Action brought on 29 February 2008 — Simões dos Santos v OHIM

(Case F-27/08)

(2008/C 158/45)

Language of the case: French

Parties

Applicant: Manuel Simões dos Santos (Alicante, Spain) (represented by: A. Creus Carreras, lawyer)

Defendant: Office for Harmonisation in the Internal Market

The subject-matter and description of the proceedings

Application for annulment of several decisions of the Office for Harmonisation in the Internal Market in so far as they do not correctly enforce the judgment in Case T-435/04, not granting the applicant the balance of points whose elimination was annulled by the Court of First Instance, and for payment of default interest on the amount corresponding to the difference in salary which the applicant should have received.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the Office for Harmonisation in the Internal Market of 3 December 2007 rejecting the complaint brought by the applicant on 8 August 2007, and the decision No PERS-01-07 relating to the award of promotion points under the 2003 promotion procedure, the decision ADM-07-17 interpreting decision ADM-03-35 relating to the career and promotion of officials and members of the temporary staff and the letter of 15 June 2007, entitled, ‘Definitive awarding of 2007 promotion points adopted by the Appointing Authority’;

— order OHIM to pay the applicant the default interest on the amount corresponding to the difference in salary which he should have received had the elimination of the balance of his promotion points not occurred, calculated at a rate fixed by the Court;
—

Annul the decision of the Commission of 10 May 2007 and the decision of 14 December 2007 on the applicant's complaint and order the Commission to assess whether the applicant can be included on the reserve list in a manner that does not infringe the principle of equal treatment and follows proper procedure;
EN Official Journal of the European Union C 209/74

Action brought on 19 June 2008 — Avogadri and Others v Commission

(Case F-58/08)

(2008/C 209/137)

Language of the case: French

Parties

Applicants: Chiara Avogadri and Others (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the decisions fixing the applicants' conditions of employment as members of the contract staff or members of the temporary staff in so far as the duration of their contract or its extension is limited to a specific duration.

Form of order sought

The applicants claim the Tribunal should:

— Annul the decisions fixing the applicants' conditions of employment in so far as the duration of their contract or its extension is limited to a specific duration;
EN Official Journal of the European Union C 171/51

Action brought on 14 March 2008 — Pachtitis v Commission

(Case F-35/08)

(2008/C 171/101)

Language of the case: Greek

Parties

Applicant: Dimitrios Pachtitis (Athens, Greece) (represented by: P. Giatagantzidis, lawyer)

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Annulment of EPSO's decision not to allow the applicant to take the written tests in competition EPSO/AD/77/06 following the result obtained in the admission tests and annulment of EPSO's decision rejecting the applicant's request relating to, first, a review of the decision not to allow him to take the written tests, and, secondly, a request for some of the competition documents.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decisions of the European Personnel Selection Office ESPO/5000 LM-FR/31.05.2007 and MM./dbD(07)27442/06.12.2007, and all related measures;
EN Official Journal of the European Union C 285/56

Action brought on 18 September 2008 — Behmer v Parliament

(Case F-76/08)

(2008/C 285/103)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AD 13 in the 2007 promotion procedure

Form of order sought

— annul the decision not to promote the applicant to grade AD 13 in the 2007 promotion procedure;
EN Official Journal of the European Union C 247/26

Action brought on 6 August 2008 — Ziliene v Parliament

(Case F-70/08)

(2008/C 247/54)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

First, annulment of the decision of the appointing authority of 17 July 2007 not to grant the applicant the daily allowance referred to in Article 10 of Annex VII of the Staff Regulations and, second, order the defendant to pay the daily allowances from the date the applicant took up his duties as an official, plus interest along with EUR 1 damages for the non-material loss suffered.

Form of order sought

— Annul the decision of the appointing authority of 17 July 2007 not to grant the applicant the daily allowance referred to in Article 10 of Annex VII of the Staff Regulations;

— Order the defendant to pay the daily allowances from the date the applicant took up his duties as an official, plus interest at the rate set by the European Central Bank for main refinancing operations applicable during the periods concerned plus two percentage points, until payment in full;

— Order the defendant to pay the applicant EUR 1 damages for the non-material loss suffered;
—

annul the decision of the Office for administration and payment of individual rights of 6 February 2008 determining the applicant's retirement pension rights and the decisions of 22 February 2003 and 27 February 2003 determining the number of years of pensionable service to be taken into account to determine the pension rights;
—

Order the defendant to pay compensation for material damage, corresponding, first, to the difference between the salary received by the applicant and the salary for band H, step 54 between 2004 and 2007, that is to say, 23 additional steps and, secondly, to the grant of a bonus of EUR 3 500 per year in respect of 2001, 2002 and 2003;
EN Official Journal of the European Union C 113/46

Action brought on 2 March 2009 — Merhzaoui v Council

(Case F-18/09)

2009/C 113/96

Language of the case: French

Parties

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

Defendant: Council of the European Union

Subject-matter and description of the proceedings

First, annulment of the decision to assign the applicant to the career stream AST 1-7. Secondly, annulment of the decision not to promote him to grade AST 2 in the 2008 promotion procedure and of the decisions to promote less deserving officials to that grade.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision to assign the applicant, with effect from 1 May 2006, to the career stream AST 1-7.

— annul the appointing authority’s decision not to promote him to grade AST 2 in the 2008 promotion procedure and, so far as necessary, the decisions to promote less deserving officials to that grade;
EN Official Journal of the European Union C 82/37

Action brought on 3 February 2009 — Moschonaki v European Foundation for the Improvement of Living and Working Conditions

(Case F-10/09)

(2009/C 82/66)

Language of the case: French

Parties

Applicant: Chrysanthe Moschonaki (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: European Foundation for the Improvement of Living and Working Conditions (Eurofound)

Subject-matter and description of the proceedings

First, application for annulment of the decision rejecting the applicant's complaint of psychological harassment against the head of Human Resources and, secondly, application for an order that the defendant must pay the applicant compensation for the harm suffered.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of the Director of the Foundation of 29 February 2008 rejecting the applicant's complaint of harassment against the head of Human Resources;

— So far as necessary, annul the express decision of the Foundation of 24 October 2008 rejecting the complaint brought by the applicant under Article 90(2) on 27 June 2008;

— order the Foundation to pay the applicant compensation assessed provisionally at EUR 100 000;
—

consequently, (i) annul all decisions taken on the basis of the vacancy notice, including the decision to appoint Mr L to the position of adviser in the Oversight Division taken following the recruitment procedure, and (ii) order the defendant to pay the sum of EUR 10 000, fixed ex aequo et bono, as compensation for the non-material damage suffered by the applicant as well as EUR 2 500 to compensate for the material damage connected to the intervention of the applicant’s advisers at the pre-litigation stage;
—

annul the decision to refuse to allow the applicant to take leave on personal grounds from 1 November 2008;
—

Annul the decision of 12 June 2008 whereby the defendant informed the applicant that it could not offer her permanent employment and also the decision made on her complaint on 7 January 2009 that the grounds of complaint brought by the applicant against the decision of 12 June 2008 were unfounded;
—

order the defendant to pay compensation for the damage suffered by applicants consisting of EUR 5 000 for each applicant to compensate them for their loss of purchasing power since 1 January 2009 and of arrears of salary corresponding to a 1.5 % pay increase from 1 January 2009, with interest on the latter from the date at which they fall due until the date of payment. The rate of interest should be two points higher than the rate fixed by the European Central Bank for its main refinancing operations which was applicable during the period in question;
EN Official Journal of the European Union C 244/16

Action brought on 9 July 2009 — Apostolov/Commission

(Case F-8/09)

2009/C 244/26

Language of the case: English

Parties

Applicant: Svetoslav Apostolov (Saarwellingen, Germany) (represented by: D. Schneider-Addaeh-Mensah, lawyer)

Defendant: Commission of the European Community

The subject matter and description of the proceedings

Annulment of the decision of 23 October 2008 which rejects the complaint of the applicant contesting the decision to exclude him from the open competition EPSO/CAST27/4/07.

Form of order sought

The applicant claims that the Court should:

— annul the decision of the European Commission dated 23 October 2008;

— oblige the European Commission and their specialized services, mainly the European community Personnel selection Office (EPSO), to count the answers given by the applicant to questions 9, 30 and 32 of the competency test of 14.12.2007 as correct;

— in the alternative, allow the applicant to pass again the competency test;
EN Official Journal of the European Union C 37/51

Action brought on 21 December 2009 — Canga Fano v Council

(Case F-104/09)

2010/C 37/81

Language of the case: French

Parties

Applicant: Diego Canga Fano (Brussels, Belgium) (represented by: S. Rodriguez and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Application for annulment of the defendant’s decision not to include the applicant on the list of officials promoted to Grade AD 13 under the 2009 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appointing authority’s decision not to include the applicant on the list of officials promoted to grade AD 13 under the 2009 promotion procedure;

— annul, so far as necessary, the appointing authority’s decision rejecting the applicant’s complaint;

— order the appointing authority to pay the applicant a sum fixed on equitable principles at EUR 150 000, in respect of compensation for the non-material harm suffered, plus default interest at the legal rate from the date on which it became payable, and a sum fixed on equitable principles at EUR 50 00, in respect of compensation for the harm to his career, plus default interest at the legal rate from the date on which it became payable;
—

award compensation for the non-material loss suffered, quantified, subject to any amendment in the course of the proceedings, in the sum of EUR 15 000;