ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 253/67

Judgment of the Civil Service Tribunal (Second Chamber) of 19 June 2014 — BN v Parliament

(Case F-24/12) (1)

((Civil Service - Officials - Action for annulment - Official of grade AD 14 occupying a post as Head of Unit - Allegation of psychological harassment against the Director-General - Mobility exercise - Refusal to accept appointment to a post of Advisor in another Directorate-General with the loss of the salary increase for Heads of Unit - Decision on a temporary transfer to another Advisor post - Interest of the service - Principle that the post to which an official is assigned should correspond to his grade - Action for compensation - Harm arising from non-decision-making conduct))

2014/C 253/93

Language of the case: French

Parties

Applicant: BN (represented initially by: S. Rodrigues, A. Tymen and A. Blot, and subsequently by: S. Rodrigues and A. Tymen, lawyers)

Defendant: European Parliament (represented initially by: O. Caisou-Rousseau and J.F. de Wachter, and subsequently by: O. Caisou-Rousseau and V. Montebello-Demogeot)

Re:

Application for annulment of the decision adopted by the President of the European Parliament reassigning the applicant within the same Directorate-General of the Parliament from the post of Head of Unit to a post of Advisor to the Director of a Directorate and the claim for compensation for psychological harassment.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Parliament to bear all of its own costs and to pay all the costs incurred by BN.

(1) OJ C 138, 12.5.2012, p. 36.
EN Official Journal of the European Union C 24/39

Judgment of the Civil Service Tribunal (First Chamber) of 3 December 2013 — CT v EACEA

(Case F-36/13) (1)

(Civil Service - Temporary staff - Contract for an indefinite period - Termination - Adverse reflection on position - Breakdown in the relationship of trust)

2014/C 24/71

Language of the case: French

Parties

Applicant: CT (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: Education, Audiovisual and Culture Executive Agency (EACEA) (represented by: H. Monet, acting as Agent, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision to terminate the applicant’s contract of employment on the basis of Article 47(c)(i) of the Conditions of Employment of Other Servants (CEOS).

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders CT to bear his own costs and to pay those incurred by the Education, Audiovisual and Culture Executive Agency (EACEA).

(1) OJ C 207, 20.7.2013, p. 58.
1.

Annuls the decision of the selection board of Competition EPSO/AD/205/10 of 9 March 2012, transmitted by the European Personnel Selection Office, refusing the request of Mr Da Cunha Almeida for review, following his exclusion from the reserve list of the competition by a decision of 23 December 2011.
EN Official Journal of the European Union C 142/56

Judgment of the Civil Service Tribunal (Third Chamber) of 26 March 2014 — CP v Parliament

(Case F-8/13) (1)

((Civil service - Official - Head of Unit - Trial period - Non-confirmation of the post of Head of Unit - Reassignment to a post other than management - Internal rules of the Parliament))

2014/C 142/75

Language of the case: French

Parties

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

Defendant: Parliament (represented by: O. Caisou-Rousseau and V. Montebello-Demogeot, Agents)

Re:

The application to annul the decision not to confirm the applicant in his post of Head of Unit and to transfer him to the Directorate General for Internal Policies

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 23 March 2012 by which the European Parliament did not confirm CP in his post as Head of Unit and transferred him with his post to the Directorate General for Internal Policies;

2. Dismisses the action as to the remainder;

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

(1) OJ C 108 13/04/2013, p. 39.
EN Official Journal of the European Union C 146/43

Judgment of the Civil Service Tribunal (First Chamber) of 17 March 2015 — AX v ECB

(Case F-73/13) (1)

((Civil service - ECB staff - Disciplinary proceedings - Disciplinary measure - Dismissal - Rights of the defence - Access to the disciplinary file - Access to information and documents on other divisions - Reasonable time - Lawfulness of the composition of the Disciplinary Committee - Advisory role of the Disciplinary Committee - Stricter disciplinary measure than that recommended - Obligation to state reasons - Management of a division - Manifest error of assessment - Proportionality of the disciplinary measure - Extenuating circumstances - Aggravating circumstances - Objection of illegality))

(2015/C 146/57)

Language of the case: English

Parties

Applicant: AX (represented by: L. Levi, lawyer)

Defendant: European Central Bank (represented by: M. López Torres and E. Carlini, acting as Agents, assisted by B. Wägenbaur, lawyer)

Re:

Application to annul the decision to dismiss the applicant following disciplinary proceedings instigated for serious misconduct and for compensation in respect of the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1) Dismisses the action;

2) Declares that AX is to bear his own costs and orders him to pay the costs incurred by the European Central Bank.

(1) OJ C 274, 21.9.2013, p. 33.
EN Official Journal of the European Union C 421/50

Judgment of the Civil Service Tribunal (First Chamber) of 22 May 2014 — CU v EESC

(Case F-42/13) (1)

((Civil service - Temporary staff - Contract for an indefinite period - Decision to terminate a contract))

2014/C 421/70

Language of the case: French

Parties

Applicant: CU (represented by: L. Levi and A. Blot, lawyers)

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

Re:

Application for annulment of the decision to terminate the applicant’s employment contract and application for compensation for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the European Economic and Social Committee of 16 October 2012 and 31 January 2013 terminating CU’s temporary staff contract for an indefinite period;

2. Orders the European Economic and Social Committee to pay CU the amount of EUR 25 000;

3. Dismisses the remainder of the action;

4. Declares that the European Economic and Social Committee is to bear its own costs and orders it to pay the costs incurred by CU.

(1) OJ C 207, 20.07.2013, p. 61.
EN Official Journal of the European Union C 34/48

Judgment of the Civil Service Tribunal (2nd Chamber) of 11 December 2014 — Colart and Others v Parliament

(Case F-31/14) (1)

((Civil Service - Staff representation - Staff committee - Staff Committee elections - Rules on staff representation at the European Parliament - Competence of the Committee of Tellers - Complaints procedure before the Committee of Tellers - Publication of the election results - Complaint brought before the Committee of Tellers - Article 90(2) of the Staff Regulations - No prior complaint before the appointing authority - Matter referred directly to the Tribunal - Inadmissibilty))

(2015/C 034/57)

Language of the case: French

Parties

Applicants: Philippe Colart (Bastogne, Belgium) and Others (represented by: A. Salerno, lawyer)

Defendant: European Parliament (represented by: O. Caisou-Rousseau and S. Alves, Agents)

Re:

Application to annul the elections for the Staff Committee of the European Parliament which were held in autumn 2013 and the results of which were published on 28 November 2013.

Operative part of the judgment

The Tribunal:

1. Dismisses the action as inadmissible;

2. Declares that Mr Colart and the other applicants whose names are set out in the annex are to bear half of their own costs;

3. Declares that the European Parliament is to bear its own costs and orders it to pay half of the costs incurred by the applicants.

(1) OJ C 184, 16.6.2014, p. 45.
EN Official Journal of the European Union C 262/39

Judgment of the Civil Service Tribunal (Second Chamber) of 30 June 2015 — Curdt-Christiansen v Parliament

(Case F-120/14) (1)

((Civil Service - Officials - Remuneration - Annual travel expenses - Article 7(3) and Article 8 of Annex VII to the Staff Regulations - Fixing of the place of origin and the centre of interests - Request for revision of the place of origin - Concept of centre of interests - Change of residence of a family member - Period elapsed between the amendment of the centre of interests and the request for revision of the place of origin - Exceptional nature of the revision))

(2015/C 262/53)

Language of the case: French

Parties

Applicant: Caspar Curdt-Christiansen (Perl, Germany) (represented by: A. Salerno, lawyer)

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

Re:

Application for annulment of the decision of the Parliament rejecting the applicant’s request that his place of origin be changed to Larnaca (Cyprus) and the centre of his interests to Singapore, instead of Montreal (Canada), following his transfer to the European Parliament.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Curdt-Christiansen to bear his own costs and to pay the costs incurred by the European Parliament.

(1) OJ C 7, 12.1.2015, p. 57.
EN Official Journal of the European Union C 213/42

Judgment of the Civil Service Tribunal (Second Chamber) of 18 May 2015 — Dupré v EEAS

(Case F-11/14) (1)

((Civil service - Staff of the EEAS - Member of the temporary staff - Article 98 of the Staff Regulations - Article 2(e) of the CEOS - Contract of employment - Grading - Plea of illegality of the vacancy notice - Post at grade AD 5 open to staff from national diplomatic services and to officials of grades AD 5 to AD 14 - Principle of correspondence between the grade and the post - Judgment by default))

(2015/C 213/69)

Language of the case: French

Parties

Applicant: Bruno Dupré (Etterbeek, Belgium) (represented by: S. Rodrigues and A. Tymen, lawyers)

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

Re:

Application to annul the applicant’s contract in so far as it categorises him at grade AD 5 and to compensate him for the harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1) Dismisses the action;

2) Orders each party to bear its own costs.

(1) OJ C 102 of 7/4/2014, p. 45.
EN Official Journal of the European Union C 48/95

Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2015 — Guittet v Commission

(Case F-141/14) (1)

((Civil service - Former official - Social security - Payment of medical expenses - Management of the medical file by the Commission - Principle of sound administration and the duty to have regard for the welfare of officials - Non-contractual liability of the European Union))

(2016/C 048/108)

Language of the case: French

Parties

Applicant: Christian Guittet (Cannes, France) (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Commission (represented by: initially J. Currall and T. S. Bohr, acting as Agents, and C. Mélotte, lawyer, and subsequently by T.S. Bohr, acting as Agent, and C. Mélotte, lawyer)

Re:

Action for annulment of the decision rejecting the claim for damages due to an administrative fault committed by the Commission, responsible for the medical file of the applicant, who was the victim of a serious accident, and the claim for damages for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Guittet shall bear his own costs and orders him to pay the costs incurred by the European Commission.

(1) OJ C 89, 16.3.2015, p. 46.
EN Official Journal of the European Union C 363/49

Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2015 — Weissenfels v Parliament

(Case F-92/14) (1)

((Civil Service - Officials - Action for compensation - Non-contractual liability of the European Union - Content of an e-mail sent by the administration to a retired official - Impugnment of the applicant’s honour - Absence - Communication by the staff representing the institution of the applicant’s personal information to his lawyer in proceedings before the General Court - Infringement of Regulation No 45/2001 - False factual assertions))

(2015/C 363/58)

Language of the case: German

Parties

Applicant: Roderich Weissenfels (Freiburg in Brisgau, Germany) (represented by: G. Maximini, lawyer)

Defendant: European Parliament (represented by: J. Steele and S. Seyr, acting as Agents)

Re:

Application, firstly, for annulment of the European Parliament’s refusal to compensate the application for the harm which he has suffered due to infringements of his personal rights and of the provisions of Regulation No 45/2011 in the handling of a previous case, and, secondly, for damages for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 448, 15.12.2014, p. 40.
EN Official Journal of the European Union C 48/96

Judgment of the Civil Service Tribunal (Second Chamber) of 16 December 2015 — De Loecker v EEAS

(Case F-34/15) (1)

((Civil service - EEAS staff - Temporary staff - Psychological harassment - Articles 12a and 24b of the Staff Regulations - Request for assistance - Rejection - Request to open an administrative investigation - Right to be heard - Infringement))

(2016/C 048/110)

Language of the case: French

Parties

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

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

Re:

Application to annul the decision to reject the complaint of psychological harassment lodged by the applicant against the Chief Operating Officer of the EEAS.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 14 April 2014 by which the European External Action Service rejected the request for assistance under Articles 12a and 24 of the Staff Regulations of Officials of the European Union made by Mr De Loecker;

2. Orders the European External Action Service to bear its own costs and to pay the costs incurred by Mr De Loecker.

(1) OJ C 178, 1/6/2015, p. 25.
Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC

(Case F-50/15) (1)

((Civil service - Temporary staff - Article 2(c) of the CEOS - Member of the temporary staff employed in order to carry out the duties of head of unit ‘for a group of the European Economic and Social Committee’ - Second paragraph of Article 44 of the Staff Regulations - Advancement in step granted retroactively at the end of a nine-month probationary period - Application by analogy to members of the temporary staff not provided for ratione temporis in the CEOS - Sui generis probationary period decided upon by contract outside the situations referred to in the CEOS - Extension of the contractual probationary period - Performance as head of unit held to be unsatisfactory - Reassignment to a non-management post - Entitlement to the advancement in step provided for in the second paragraph of Article 44 of the Staff Regulations))

(2016/C 222/46)

Language of the case: French

Parties

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

Defendant: European Economic and Social Committee (represented by: K. Gambino, X. Chamodraka, M. Pascua Mateo, A. Carvajal and L. Camarena Januzec, Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision not to confirm the applicant in his post at Head of Unit and an application for damages in respect of the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the President of the European Economic and Social Committee dated 25 May 2014, as supplemented by Addendum No. 2 to FS’s employment contract, by which the authority empowered to conclude contracts of employment of the European Economic and Social Committee did not confirm her in her position as head of unit and reassigned her, with effect from 9 April 2014, to a non-management post;

2. Orders the European Economic and Social Committee to pay FS a sum of EUR 2 000 by way of compensation for the non-material harm she has suffered;

3. Dismisses the claims for damages as to the remainder;

4. Declares that the European Economic and Social Committee is to bear its own costs and orders it to pay the costs incurred by FS.

(1) OJ C 190, 8/6/2015, p. 37.
EN Official Journal of the European Union C 136/48

Judgment of the Civil Service Tribunal (Second Chamber) of 1 March 2016 — Pujante Cuadrupani v GSA

(Case F-83/15) (1)

((Civil service - Recruitment - Temporary staff - Dismissal at the end of the probationary period - Action for annulment brought against both the dismissal decision and the confirmatory dismissal decision - Whether admissible - Third paragraph of Article 14 of the CEOS - Misuse of powers and abuse of process - Manifest error of assessment - Rights of the defence - Consultation of the Joint Evaluation Committee - Opinion based on examining written material without hearing the applicant - No infringement of the rights of the defence))

(2016/C 136/68)

Language of the case: French

Parties

Applicant: Antonio Pujante Cuadrupani (Murcia, Spain) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European GNSS Agency (represented by: O. Lambinet and D. Petrlík, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the applicant’s probationary report and the subsequent decision of the Executive Director of the European GNSS Agency to dismiss him at the end of his probationary period.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Pujante Cuadrupani to bear his own costs and to pay the costs incurred by the European GNSS Agency.

(1) OJ C 279, 24.8.2015, p. 60.
Judgment of the Civil Service Tribunal (Single Judge) of 20 July 2016 — HL v Commission

(Case F-112/15) (1)

((Civil service - Officials - Article 45 of the Staff Regulations - 2014 promotion exercise - General implementing provisions for Article 45 of the Staff Regulations - List of officials proposed for promotion by the Directors-General and heads of service - Omission of the applicant’s name - Possibility of challenging before the Joint Promotion Committee the list of officials proposed for promotion - Consideration of the comparative merits of the officials eligible for promotion - Opinions adopted by a joint body - Obligation to state grounds))

(2016/C 364/40)

Language of the case: English

Parties

Applicant: HL (represented by: R. Rata, lawyer)

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

Re:

Application for annulment of the decisions of the appointing authority not to include the applicant on the list of officials promoted in the context of the 2014 annual promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that HL shall bear his own costs and orders him to pay the costs incurred by the European Commission.

(1) OJ C 320, 28/9/2015, p. 55.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (single Judge) of 18 July 2016 — SD (*1) v EUIPO

(Case F-48/15) (1)

((Civil service - Officials - Staff reporting - 2013 appraisal - Appraisal report - Manifest error of assessment - Recovery plan - Act adversely affecting an official - Admissibility))

(2016/C 364/34)

Language of the case: French

Parties

Applicant: SD (*1) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: A. Lukošiūtė, acting as Agent)

Re:

Annulment of the applicant’s appraisal report for 2013 and the recovery plan adopted on the basis of that report, together with a claim for damages in respect of the non-pecuniary loss allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders SD (*1) to bear her own costs and to pay the costs incurred by the European Union Intellectual Property Office.

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

(1) OJ C 190, 8/6/2015.
EN Official Journal of the European Union C 267/85

Order of the Civil Service Tribunal of 15 September 2009 — Perez Santander v Council

(Case F -32/05) (1)

2009/C 267/156

Language of the case: French

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

(1) OJ C 193, 6.5.2008, p. 32 (Case initially registered before the Court of First Instance of the European Communities under number T-201/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
EN Official Journal of the European Union C 223/60

Order of the Civil Service Tribunal of 21 February 2008 — Arana de la Cal v Commission

(Case F-63/05) (1)

(Staff - Contractual agent - Late claim - Action manifestly inadmissible)

(2008/C 223/113)

Language of the case: French

Parties

Applicant: Miriam Arana de la Cal (Brussels, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, acting as Agents)

Intervener in support of the form of order sought by the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Sulce, acting as Agents)

Re:

First, annulment of the Commission's decision rejecting the complaint submitted by the applicant, a former member of the auxiliary staff, against the decision fixing her grade and remuneration as a contract staff member and, secondly, an application for damages (formerly T-271/05)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Each party shall bear its own costs.

(1) OJ C 229, 17.9.2005, p. 31 (case originally registered at the Court of First Instance of the European Communities as Case T-271/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005).
EN Official Journal of the European Union C 317/50

Order of the Civil Service Tribunal of 16 September 2010 — Baele and Others v Commission

(Case F-70/06) (1)

()

2010/C 317/93

Language of the case: French

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

(1) OJ C 190, 12.8.2006, p. 36.
EN Official Journal of the European Union C 79/35

Order of the Civil Service Tribunal (First Chamber) of 25 January 2008 — Duyster v Commission

(Case F-80/06) (1)

(Civil Service - Officials - Parental leave - Application to withdraw parental leave - Lis pendens - Manifest inadmissibility)

(2008/C 79/66)

Language of the case: Dutch

Parties

Applicant: Tineke Duyster (Oetrange, Grand Duchy of Luxembourg) (represented by: W. van den Muijsenbergh, lawyer)

Defendant: Commission of the European Communities (represented by: H. Krämer, acting as Agent, and M. van der Woude, lawyer)

Re:

Annulment of the Appointing Authority's decision of 22 December 2005 declaring inadmissible the applicant's request of 6 December 2005 concerning the Appointing Authority's decision of 17 November 2005 on the date that the applicant's parental leave started

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

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

(1) OJ C 261, 28.10.2006, p. 33.