ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 227/35

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

(Case F-31/10) (1)

(Civil Service - Former official - Social security - Accident - Closure of the procedure for the application of Article 73 of the Staff Regulations - Temporal application of the scale annexed to the new version of the rules concerning insurance against accidents and occupational diseases - Length of the procedure)

2012/C 227/56

Language of the case: French

Parties

Applicant: Christian Guittet (Cannes, France) (represented by: L. Levi, lawyer)

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

Re:

Application to annul the decision to close the procedure opened under Article 73 of the Staff Regulations by granting the applicant a rate of permanent invalidity of 64,5 % and, secondly, the application for compensation for the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 27 July 2008 to close the procedure opened under Article 73 of the Staff Regulations of Officials of the European Union following the accident to Mr Guittet on 8 December 2003;

2. Orders the European Commission to pay Mr Guittet the sum of EUR 2 500;

3. Dismisses the remainder of the action;

4. Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Guittet.

(1) OJ C 179, 3.7.2010, p. 59.
EN Official Journal of the European Union C 38/31

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

(Case F-110/11) (1)

(Civil service - Officials - Remuneration - Article 64 of the Staff Regulations - First subparagraph of Article 3(5) of Annex XI to the Staff Regulations - Corrective coefficient - Act adversely affecting an official - Equal treatment)

2013/C 38/60

Language of the case: French

Parties

Applicants: Lebedef and Others (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Annulment of the pay slips of the applicants for December 2010 and their pay slips of the following months to the extent that they contain no correction of the adjustment of remunerations taking account of the corrective coefficient for their place of employment.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Messrs Lebedef, Jones and Gonzales Gonzales and Mrs Lebedef-Caponi to bear their own costs and to pay the costs incurred by the European Commission;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 6, 7.1.2012, p. 26.
EN Official Journal of the European Union C 287/40

Judgment of the Civil Service Tribunal (Third Chamber) of 20 June 2012 — Cristina v Commission

(Case F-66/11) (1)

(Civil service - Open competition - Decision of the selection board in the competition not to admit the applicant to the tests - Remedies - Court action brought without waiting for a decision on the administrative complaint - Admissibility - Specific conditions for entry to the competition - Professional experience required)

2012/C 287/73

Language of the case: French

Parties

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

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

Re:

Application for annulment of the decision of the chairman of the selection board in competition EPSO/AST/111/10 — Assistants (AST 1) not to admit the applicant to the tests.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

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

(1) OJ C 282, 24.9.2011, p. 51.
EN Official Journal of the European Union C 225/85

Judgment of the Civil Service Tribunal (Second Chamber) of 26 June 2013 — Vacca v Commission

(Case F-116/11) (1)

(Civil service - Open competition - Competition notice EPSO/AD/207/11 - Non-admission to the assessment tests - Admission tests - Cancellation of questions - Information for candidates)

2013/C 225/195

Language of the case: French

Parties

Applicant: Annalisa Vacca (Luxembourg, Luxembourg) (represented by: A. Salerno, lawyer)

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

Re:

Application to annul the decision not to admit the applicant to the assessment tests in the competition EPSO/AD/207/11.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay the sum of EUR 500 to Ms Vacca;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and to pay two thirds of the costs incurred by Ms Vacca;

4. Orders Ms Vacca to bear one third of her own costs.

(1) OJ C 25, 28.1.2013, p. 69.
EN Official Journal of the European Union C 147/32

Judgment of the Civil Service Tribunal (Third Chamber) of 30 January 2013

Wahlström v Frontex

(Case F-87/11) (1)

(Civil service - Member of the temporary staff - Non-renewal of a fixed-term contract - Article 8 of the Conditions of Employment - Procedure - Infringement of essential procedural requirements - Competence)

2013/C 147/57

Language of the case: English

Parties

Applicant: Kari Wahlström (Alimos, Greece), (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 S. Vuorensola and H. Caniard, Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

The annulment of the decision not to renew the temporary agent contract of the applicant.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, of 10 December 2010, not to extend Mr Wahlström’s contract as a member of the temporary staff;

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

(1) OJ C 347, 26.11.2011, p. 45.
EN Official Journal of the European Union C 421/46

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

(Case F-103/11) (1)

((Civil Service - Staff of the EIB - Psychological harassment - Inquiry procedure - Decision of the President not to act on a complaint - Opinion of the committee of inquiry - Incorrect definition of psychological harassment - Intentional nature of the conduct - Finding of conduct and symptoms constituting psychological harassment - Search for the causal link - Absence - Inconsistency of the opinion of the committee of inquiry - Manifest error of assessment - Maladministration - Obligation of confidentiality - Protection of personal data - Action for compensation))

2014/C 421/64

Language of the case: French

Parties

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

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

Intervener in support of the form of order sought by the applicant: European Data Protection Supervisor (represented initially by: I. Chatelier and H. Kranenborg, and subsequently by: I. Chatelier and A. Buchta, acting as Agents)

Re:

Application for annulment of the decision of the President of the EIB not to take any action following the inquiry concerning alleged psychological harassment and to annul the final conclusion of the committee of inquiry and claim for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the President of the European Investment Bank of 27 July 2011;

2. Orders the European Investment Bank to pay CG the sum of EUR 35 000;

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;

5. Orders the European Data Protection Supervisor, intervener, to bear its own costs.

(1) OJ C 6, 7.1.2012, p. 25.
EN Official Journal of the European Union C 377/20

Judgment of the Civil Service Tribunal (First Chamber) of 5 November 2013 — Bartha v Commission

(Case F-104/11) (1)

(Civil Service - Open competition EPSO/AD/56/06 - Reopening of the competition procedure - Measures of execution of the judgment in Case F-50/08)

2013/C 377/45

Language of the case: Hungarian

Parties

Applicant: Gabór Bartha (Brussels, Belgium) (represented by: P. Homoki, lawyer)

Defendant: European Commission (represented by: J. Currall, B. Bottka, A, Sipos, acting as Agents)

Re:

Application for annulment of EPSO decision to reopen the procedure for open competition EPSO/AD/56/06 and the decision of the selection board relating to the results of competition EPSO/AD/56/06 — Administrator grade A5 with Hungarian citizenship and payment of compensation

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 25, 28.1.2013, p. 68.
EN Official Journal of the European Union C 171/41

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

(Case F-96/12) (1)

(Civil Service - Open competition - Not included on the reserve list - Criterion related to professional experience - Scope of discretion)

2013/C 171/85

Language of the case: French

Parties

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

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

Re:

Application for annulment of the decision of the selection board EPSO/AD/207/11 upholding the decision not to include the applicant on the reserve list on the ground that the applicant does not fulfil certain specific criteria for admission to that competition and a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 343, 10.11.12, p. 23.
EN Official Journal of the European Union C 377/21

Judgment of the Civil Service Tribunal (First Chamber) of 5 November 2013 — Hanschmann v Europol

(Case F-104/12) (1)

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

2013/C 377/49

Language of the case: Dutch

Parties

Applicant: Ingo Hanschmann (Leipzig, Germany) (represented by: J. Dammingh and N. D. Dane, lawyers)

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

Re:

Application to annul Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-27/09 Hanschmann v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to him 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 Mr Hanschmann the sum of EUR 13 000 in order to comply with the judgment of the Tribunal of 29 June 2010 in Case F-27/09 Hanschmann v Europol;

2. Orders the European Police Office to bear its own costs and to pay those incurred by Mr Hanschmann.

(1) OJ C 26, 26.01.2013, p. 70.
EN Official Journal of the European Union C 352/25

Judgment of the Civil Service Tribunal (Third Chamber) of 23 October 2013 — Solberg v EMCDDA

(Case F-124/12) (1)

(Civil service - Former member of the temporary staff - Non-renewal of a fixed-term contract - Obligation to state reasons - Scope of discretion)

2013/C 352/49

Language of the case: French

Parties

Applicant: Ulrik Solberg (Lisbon, Portugal) (represented by: D. Abreu Caldas, A. Coolen, S. Orlandi, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (represented by: D. Storti, Agent, and by B. Wägenbaur, lawyer)

Re:

Application to annul the decision to not renew the applicant’s contact as a member of the temporary staff

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Solberg’s action;

2. Orders Mr Solberg to bear his own costs and to pay the costs incurred by the European Monitoring Centre for Drugs and Drug Addiction.

(1) OJ C 26, 26.01.2013, p. 72.
EN Official Journal of the European Union C 78/19

Judgment of the Civil Service Tribunal (First Chamber) of 21 January 2014 — Jelenkowska-Luca v Commission

(Case F-114/12) (1)

(Civil service - Officials - Remuneration - Expatriation allowance - Conditions set out in Article 4(1)(b) of Annex VII to the Staff Regulations - Nationals of the State in whose territory their place of employment is situated - Habitual residence)

2014/C 78/40

Language of the case: Polish

Parties

Applicant: Jelenkowska-Luca (Rome, Italy) (represented by: P. K. Rosiak, lawyer)

Defendant: Commission (represented by: K. Herrmann and V. Joris, acting as Agents)

Re:

Application to annul the decision not to grant the applicant the expatriation allowance.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Jelenkowska-Luca to bear her own costs and to pay the costs incurred by the European Commission.

(1) OJ C 26, 26.1.13, p. 71.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Höpcke v Commission

(Case F-46/12) (1)

(Civil Service - Open competition - Competition notice EPSO/AST/111/10 - Non-inclusion in the reserve list - Instruction to draft a text of a minimum length - Failure to comply)

(2014/C 71/61)

Language of the case: French

Parties

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

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

Re:

Application to annul the decision of the selection board of competition EPSO/AST/111/10 not to include the name of the applicant in the list of successful candidates for that competition.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 184, 23.6.2012, p. 25.
EN Official Journal of the European Union C 198/48

Judgment of the Civil Service Tribunal (Second Chamber) of 29 April 2015 — CJ v ECDC

(Joined Cases F-159/12 and F-161/12) (1)

((Civil service - Contract staff - Fixed term contract - Termination - Breakdown in the relationship of trust - Right to be heard - Infringement))

(2015/C 198/66)

Language of the case: English

Parties

Applicant: CJ (represented by: V. Kolias, lawyer)

Defendant: European Centre for Disease Prevention and Control (represented: initially by R. Trott, acting as Agent, and by A. Duron and D. Waelbroeck, lawyers, and subsequently by J. Mannheim and A. Daume, acting as Agents, and by A. Duron and D. Waelbroeck, lawyers)

Re in Case F-159/12:

Application for the annulment of the decision to terminate the applicant’s contract, his re-instatement in the service and payment to him of the difference between the emoluments he might have continued to receive and the allowance he receives, with the addition of interest.

Re in Case F-161/12:

Application for payment of damages for the non-material damage suffered by the applicant due to his dismissal.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of 24 February 2012 of the Director of the European Centre for Disease Prevention and Control terminating CJ’s contract as a member of the contract staff;

2) Dismisses the action in Case F-159/12 as to the remainder;

3) Dismisses the action in Case F-161/12;

4) Declares that, in Case F-159/12, the parties shall bear their own costs;

5) Declares that, in Case F-161/12, CJ shall bear his own costs and orders him to pay the costs incurred by the European Centre for Disease Prevention and Control in that case;

6) Orders CJ, in Case F-159/12, to pay the Tribunal a sum of EUR 2 000 in order to refund part of the avoidable expenditure which the Tribunal was forced to incur.

(1) OJ C 63, 2.3.2013, p. 26 and OJ C 55, 23.2.2013, p. 27.
EN Official Journal of the European Union C 253/68

Judgment of the Civil Service Tribunal (3rd Chamber) of 25 June 2014 — Coutureau v Europol

(Case F-120/12) (1)

((Civil Service - Europol staff - Europol Convention - Europol Staff Regulations - Decision 2009/371/JHA - Application of the CEOS to members of the staff of Europol - Non-renewal of a fixed–term contract as a member of the temporary staff - Refusal to grant a contract for an indefinite period as a member of the temporary staff))

2014/C 253/95

Language of the case: French

Parties

Applicant: Christèle Coutureau (Rijswijk, the Netherlands) (represented by: J.-J. Ghosez, lawyer)

Defendant: European Police Office (represented by: initially, D. Neumann and D. El Khoury, Agents, then J. Arnould, D. Neumann and D. El Khoury, Agents)

Re:

Application to annul Europol’s decision not to renew the applicant’s contract for an indefinite period and an application to order Europol to pay the difference between the remuneration which she could have continued to receive at Europol and any other damages which she actually received.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 379, 8/8/2012, p. 36.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (3rd Chamber) of 25 September 2014 –Julien-Malvy and Others v EEAS

(Case F-100/13) (1)

((Civil service - Remuneration - Staff of the EEAS assigned to a third country - Decision of the appointing authority amending the list of third countries in respect of which the living conditions are equivalent to those normally obtaining in the European Union - Measure of general application - Admissibility of the action - Annual assessment of the allowance for living conditions - Abolition))

(2014/C 395/77)

Language of the case: English

Parties

Applicant: Bruno Julien-Malvy (Tokyo, Japan) and Others (represented by: T. Bontinck and A. Guillerme, lawyers)

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

Re:

Application for annulment of the decision of the EEAS no longer to grant, as of 1 January 2014, the allowance for living conditions to officials assigned to Argentina, Chile, China (Hong Kong), Japan, Malaysia, Singapore and Taiwan

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Julien-Malvy and the other applicants whose names are set out in the annex shall bear their own costs;

3. Declares that the European External Action Service shall bear its own costs.

(1) OJ C 45, 15/2/2014, p. 46.
EN Official Journal of the European Union C 253/69

Judgment of the Civil Service Tribunal (3rd Chamber) of 25 June 2014 — Molina Solano v Europol

(Case F-66/13) (1)

((Staff cases - Europol Staff - Europol Convention - Staff Regulations applicable to Europol employees - Decision 2009/371/JHA - Application of the CEOS to Europol agents - Non-renewal of a fixed term contract as a member of the temporary staff - Refusal to grant a fixed term contract as a member of the temporary staff))

2014/C 253/97

Language of the case: French

Parties

Applicant: Beatriz Molina Solano (The Hague, Netherlands) (represented by: J.-J. Ghosez, lawyer)

Defendant: European Police Office (represented initially by J. Arnould and D. Neumann, agents, and then by J. Arnould, D. Neumann and D. El Khoury, agents)

Re:

Application for annulment of the decision not to renew the applicant’s fixed-term contract.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Ms Molina Solano is to bear her own costs and orders her to pay those incurred by the European Police Office.

(1) OJ C 274 of 21/09/2013, p. 30.
2.

Declares that there is no need to rule on the pleas seeking the annulment of the staff report for 2011 and all the connected, consequent and prior acts;
EN Official Journal of the European Union C 26/43

Judgment of the Civil Service Tribunal (Third Chamber) of 3 December 2014 — DG v ENISA

(Case F-109/13) (1)

((Civil service - Temporary staff - Termination of contract - No statement of reasons - Failure to comply with the reports procedure - Manifest error of assessment))

(2015/C 026/56)

Language of the case: English

Parties

Applicant: DG (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Union Agency for Network and Information Security (represented initially by P. Empadinhas, acting as Agent, and by C. Meidanis, lawyer, and subsequently by P. Empadinhas and S. Purser, acting as Agents, and by C. Meidanis, lawyer)

Re:

Application to annul the decision to dismiss the applicant, to order her reinstatement and the payment of the financial benefits that should have been paid to her from the end of her contract, after deduction of any income received during the same period, together with interest calculated at 3 points above the rate fixed by the ECB, and for compensation for the non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1) Dismisses the action.

2) Declares that DG is to bear her own costs and orders her to pay the costs incurred by the European Union Agency for Network and Information Security.

(1) OJ C 15, 18.1.2014, p. 21.
EN Official Journal of the European Union C 155/43

Judgment of the Civil Service Tribunal (First Chamber) of 26 March 2015 — Coedo Suárez v Council

(Case F-38/14) (1)

((Civil Service - Officials - Disciplinary procedure - Disciplinary action - Revocation and reduction of the invalidity allowance - Proportionality of the penalty - Manifest error of assessment - Concept of conduct of the official throughout his career - Adhering to working hours))

(2015/C 155/62)

Language of the case: French

Parties

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

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

Re:

Application to annul the decision of the Secretary General of the Council to impose the penalty of revoking and reducing the invalidity allowance by 15 % until the age of retirement.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Coedo Suárez to bear his own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 212, 7.7.2014, p. 45.
EN Official Journal of the European Union C 421/53

Judgment of the Civil Service Tribunal (Single Judge Chamber) of 15 October 2014 — De Bruin v Parliament

(Case F-15/14) (1)

((Civil Service - Probationer - Article 34 of the Staff Regulations - Report on the probationary period - Extension of the probationary period - Dismissal at the end of the probationary period - Grounds for dismissal - Performance - Hasty performance of tasks - Manifest errors of assessment - Irregularities in the procedure - Period given to the Reports Committee to deliver its opinion))

2014/C 421/74

Language of the case: French

Parties

Applicant: Evert Anton De Bruin (Lent, Netherlands) (represented by: A. Salerno, lawyer)

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

Re:

Application for annulment of the decision of the Parliament to terminate the applicant’s employment contract at the end of the extension period of his probationary period.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr De Bruin to bear his own costs and to pay the costs incurred by the European Parliament.

(1) OJ C 184, 16.6.2014, p. 40.