ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 421/52

Judgment of the Civil Service Tribunal (First Chamber) of 18 September 2014 — CV v EESC

(Case F-54/13) (1)

((Civil service - Action for damages - Administrative investigations - Disciplinary procedure - Psychological harassment))

2014/C 421/72

Language of the case: French

Parties

Applicant: CV (represented by: T. Bontinck and A. Guillerme, 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 EESC’s decision rejecting a request made by the applicant on the basis of Article 90(1) of the Staff Regulations for compensation for the harm allegedly suffered as a result of the excessive zeal, or even harassment, on the part of the administration.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Declares that each party is to bear its own costs.

(1) OJ C 207, 20.07.2013, p. 64.
EN Official Journal of the European Union C 315/73

Judgment of the Civil Service Tribunal (3rd Chamber) of 8 July 2014 — Morgan v OHIM

(Case F-26/13) (1)

((Civil service - Officials - Reports procedure - Appraisal report - Application for annulment of the appraisal report))

2014/C 315/123

Language of the case: English

Parties

Applicant: Rhys Morgan (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Faedo, Agent, then M. Paolacci, Agent)

Re:

Application to annul the applicant’s appraisal report in respect of the period from 1 October 2010 to 30 September 2011 and an application for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Morgan is to bear his own costs and orders him to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 207, 20.7.2013, p. 56.
EN Official Journal of the European Union C 191/47

Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Rouffaud v EEAS

(Case F-59/13 RENV) (1)

((Civil Service - Referral back to the Tribunal after annulment - EEAS staff - Member of the contract staff - Auxiliary member of the contract staff - Reclassification of auxiliary contract as a contract of indefinite duration - Refusal))

(2016/C 191/67)

Language of the case: French

Parties

Applicant: Thierry Rouffaud (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:

Annulment of the decision rejecting the applicant’s application to have his successive fixed-term employment contracts reclassified as a contract of indefinite duration and to have his period completed as an auxiliary member of the contract staff recognised as a period of service completed as a member of the contract staff.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs incurred in Cases F-59/13 and F-59/13 RENV;

3. Orders the European External Action Service to bear its own costs incurred in Case T-457/14 P and to pay the costs incurred by Mr Thierry Rouffard in Case T-457/14 P.

(1) OJ C 233, 10.8.2013, p. 14 (original Case F-59/13).
EN Official Journal of the European Union C 34/47

Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2014 — DE v EMA

(Case F-103/13) (1)

((Civil service - Member of the temporary staff of EMA - Evaluation report - Application for annulment - Obligation to state reasons - Manifest error of assessment - Infringement of procedural rules - None))

(2015/C 034/56)

Language of the case: English

Parties

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

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

Re:

Application for annulment of the applicant’s performance evaluation report in respect of the period from 15 September 2010 to 15 September 2012.

Operative part of the judgment

The Tribunal:

1) Dismisses the action;

2) Declares that DE is to bear his own costs and orders him to pay those incurred by the European Medicines Agency.

(1) OJ C 367, 14.12.2013, p. 41.
EN Official Journal of the European Union C 155/43

Judgment of the Civil Service Tribunal (First Chamber) of 26 March 2015 — CW v Parliament

(Case F-41/14) (1)

((Civil service - Officials - Staff report - Manifest errors of assessment - Misuse of powers - Psychological harassment - Decision to award one merit point))

(2015/C 155/63)

Language of the case: English

Parties

Applicant: CW (represented by: C. Bernard-Glanz, lawyer)

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

Re:

Action seeking the annulment of the applicant’s staff report for 2012 and the decision to award her only one merit point.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that CW is to bear her own costs and orders her to pay the costs incurred by the European Parliament.

(1) OJ C 235, 21.7.2014, p. 34.
Judgment of the Civil Service Tribunal (2nd Chamber) of 19 November 2014 — EH v Commission

(Case F-42/14) (1)

(Civil service - Officials - Remuneration - Family allowances - Rule against cumulation of national allowances and allowances under the Staff Regulations - Official’s spouse in receipt of national family allowances - No declaration by the official to his administration of a change in his personal circumstances - Disciplinary proceedings - Disciplinary penalty - Demotion in step - Proportionality - Statement of reasons - Mitigating circumstances - Failure by the administration to exercise due care and attention)

(2015/C 016/73)

Language of the case: French

Parties

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

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

Re:

Application for annulment of the Commission’s decision to impose a penalty on the applicant of demotion by three steps on grounds of infringement of the rule against cumulation of national family allowances and family allowances under the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 212, 7/7/2014, p. 45.
EN Official Journal of the European Union C 262/41

Judgment of the Civil Service Tribunal (Second Chamber) of 30 June 2015 — Dybman v EEAS

(Case F-129/14) (1)

((Civil Service - EEAS staff - Officials - Disciplinary procedure - Disciplinary penalty - Criminal proceedings in progress at the time of the adoption of the disciplinary penalty - Identical facts submitted to the Appointing Authority and to the criminal court - Breach of Article 25 of Annex IX to the Staff Regulations))

(2015/C 262/55)

Language of the case: French

Parties

Applicant: Pierre Dybman (Brussels, Belgium) (represented by: J.-N. Louis, R. Metz, D. Verbeke and N. de Montigny, lawyers)

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

Re:

Application for annulment of the decision of the EEAS to remove the applicant from his post without reducing his pension rights.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European External Action Service to remove Mr Dybman from his post without reducing his pension rights;

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

(1) OJ C 7, 12.1.2015, p. 61.
EN Official Journal of the European Union C 213/43

Judgment of the Civil Service Tribunal (Second Chamber) of 18 May 2015 — Bischoff v Commission

(Case F-36/14) (1)

((Civil service - Officials - Compulsory retirement - Article 23(1) of Annex XIII to the Staff Regulations - Retirement age - Refusal to extend the period of activity - Second paragraph of Article 52 of the Staff Regulations - Interest of the service))

(2015/C 213/70)

Language of the case: French

Parties

Applicant: Hartwig Bischoff (Brussels, Belgium) (represented by: C. Bernard-Glanz and A. Blot, lawyers)

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

Re:

Application to annul the Commission’s decisions rejecting, first, the application to extend the applicant’s service and, second, confirming the applicant’s compulsory retirement on 1 June 2014.

Operative part of the judgment

The Tribunal:

1) Dismisses the action;

2) Declares that Mr Bischoff is to bear all of his own costs and all of the costs incurred by the European Commission.

(1) OJ C 292, 1/9/2014, p. 60.
EN Official Journal of the European Union C 48/92

Judgment of the Civil Service Tribunal (First Chamber) of 17 December 2015 — Seigneur v ECB

(Case F-95/14) (1)

((Civil service - ECB staff - Members of the Staff Committee - Remuneration - Salary - Additional increase in salary - Eligibility))

(2016/C 048/104)

Language of the case: French

Parties

Applicant: Olivier Seigneur (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

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

Re:

Application for annulment of the decision of the Executive Board of the ECB not to grant the applicant an additional salary increase, in the context of the annual revision of salaries and bonuses for 2014.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of the Executive Board of the European Central Bank of 25 February 2014 not to grant an additional salary increase for 2014 to Mr Seigneur;

2) Dismisses the action as to the remainder;

3) The European Central Bank shall bear its own costs and pay those incurred by Mr Seigneur.

(1) OJ C 24/11/2014, p. 63.
EN Official Journal of the European Union C 363/48

Judgment of the Civil Service Tribunal (Second Chamber) of 22 September 2015 — Silvan v Commission

(Case F-83/14) (1)

((Civil Service - Officials - 2013 promotion procedure - Decision not to promote the applicant - Articles 43 and 45(1) of the Staff Regulations - Commission GIP - Plea of illegality - Comparison of the merits - Account taken of the staff assessment reports - Lack of marks awarded or analytical assessments - Wording of the comments))

(2015/C 363/57)

Language of the case: French

Parties

Applicant: Juha Tapio Silvan (Brussels, Belgium) (represented initially by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently by: J.-N. Louis and N. de Montigny, lawyers)

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

Re:

Application for annulment of the decision not to promote the applicant to the next grade (AST 10) in the European Commission’s 2013 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 7, 12.1.2015, p. 47.
EN Official Journal of the European Union C 7/35

Judgment of the Civil Service Tribunal (3rd Chamber) of 18 November 2015 — FH v Parliament

(Case F-26/15) (1)

((Civil service - Officials - Remuneration - Installation allowance - Article 5(2) of Annex VII to the Staff Regulations - Transfer to a new place of employment - Last sentence of Article 5(4) of Annex VII to the Staff Regulations - Non-payment of the installation allowance if an official entitled to the household allowance is transferred to the place where his family resides - Need for the official to be installed with his family in the place of employment - Spouses effectively separated - Consequences - Inapplicability of the last sentence of Article 5(4) of Annex VII to the Staff Regulations))

(2016/C 007/46)

Language of the case: French

Parties

Applicant: FH (represented by: M. Casado García-Hirschfeld, lawyer)

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

Re:

Application for annulment of the decision to reject the applicant’s application to be paid the installation allowance, following his relocation from Yemen to Brussels, where his spouse, from whom he is separated, lives, and an application seeking that the defendant be ordered to pay the applicant that installation allowance together with interest.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 15 April 2014 by which the European Parliament rejected the application for the installation allowance submitted by FH;

2. Orders the European Parliament to pay FH, in respect of the installation allowance due to him, a sum corresponding to one month of his basic salary; that sum is to be paid together with default interest calculated at the rate set by the European Central Bank for its main refinancing operations and applicable during the period concerned, increased by two points, from 11 February 2014 until the date of actual payment;

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

(1) OJ C 127, 20/4/2015, p. 44.
Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC

(Case F-102/15) (1)

((Civil service - Temporary staff - Article 41 of the Charter of Fundamental Rights - Right of every person to have access to his or her file - Access to documents concerning an attempt at mediation - Attempt at mediation initiated by the current president of the EESC and conducted under the auspices of a former president of the EESC - Right of access to the report drawn up at the end of the mediation procedure - Administrative investigation opened after the mediation procedure - Article 3 of Annex IX to the Staff Regulations))

(2016/C 222/49)

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 decisions of the EESC rejecting the application for access to documents made by the applicant and an application for compensation in respect of the non-material harm allegedly incurred.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 19 November 2014 of the president of the European Economic and Social Committee (EESC) in so far as it notifies the refusal to communicate to FS a report concerning her, drawn up by a former president of the EESC at the request of the current president of the EESC;

2. Declares the claims for annulment to be redundant as to the remainder;

3. Orders the European Economic and Social Committee to pay FS a sum of EUR 1 000 by way of compensation for the non-material harm she has suffered;

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 302, 14/9/2015, p. 70.
EN Official Journal of the European Union C 136/49

Judgment of the Civil Service Tribunal (3rd Chamber) of 2 March 2016 — Loescher v Council

(Case F-84/15) (1)

((Civil service - Officials - Union representative - Put at the disposal of a trade union or staff association - 2014 promotion procedure - Decision not to promote the applicant - Article 45 of the Staff Regulations - Comparative merits - No obligation under the Staff Regulations to provide for a specific method for assessing the comparative merits of staff put at the disposal of trade union or professional associations - Taking into account of staff reports - Assessment of the level of responsibilities held - Evidence - Review of a manifest error of assessment))

(2016/C 136/69)

Language of the case: French

Parties

Applicant: Bernd Loescher (Rhode-Saint-Genèse, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

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

Re:

Application for annulment of the decision not to promote the applicant to the next grade (AD 12) in the 2014 Council of the European Union promotion procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Loescher is to bear his own costs and orders him to pay the costs incurred by the Council of the European Union.

(1) OJ C 279, 24/8/2015, p. 60.
Judgment of the Civil Service Tribunal (Single Judge) of 20 July 2016 — Adriaen and Others v Commission

(Case F-113/15) (1)

((Civil service - Officials - Article 45 of the Staff Regulations - 2014 promotion exercise - General implementing provisions for Article 45 of the Staff Regulations - Lists of officials proposed for promotion by the Directors-General and heads of service - Omission of the applicants’ names - 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 364/41)

Language of the case: English

Parties

Applicant: Charlotte Adriaen (Brussels, Belgium) and Others (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 applicants 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 Ms Adriaen and the 12 other applicants whose names appear in the annex shall bear their own costs and orders them 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 (First Chamber) of 21 July 2016 — HD v Parliament

(Case F-136/15) (1)

((Civil service - Officials - Remuneration - Family allowances - Education allowance - Conditions for granting - Article 67(2) of the Staff Regulations - Deduction of an allowance of like nature received from other sources - Article 85 of the Staff Regulations - Recovery of undue payment))

(2016/C 364/48)

Language of the case: French

Parties

Applicant: HD (represented by: C. Bernard-Glanz, lawyer)

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

Re:

Application for annulment, first, of the Parliament’s decision to put the applicant’s situation into order as regards the allocation of the education allowance and, second, of the decision to recover the amounts which the applicant unduly received in that regard.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 7, 11/1/2016, p. 38.
EN Official Journal of the European Union C 193/37

Order of the Civil Service Tribunal of 18 June 2009 — Bethuyne and Others v Commission

(Case F-49/05) (1)

2009/C 193/65

Language of the case: French

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

(1) OJ C 205, 20.8.2005, p. 31.
EN Official Journal of the European Union C 223/60

Order of the Civil Service Tribunal (Second Chamber) of 21 February 2008 — Vande Velde v Commission

(Case F-60/05) (1)

(Staff - Contract staff member - Late claim - Action manifestly inadmissible)

(2008/C 223/112)

Language of the case: French

Parties

Applicant: Patricke Vande Velde (Linkebeek, 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:

Staff case — 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 his grade and remuneration as a contract staff member and, secondly, an application for damages (formerly T-268/05)

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. 30 (case originally registered at the Court of First Instance of the European Communities as Case T 268/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005).
Official Journal of the European Union

Order of the Civil Service Tribunal of 30 June 2010 — Hanot v Commission

(Case F-30/06) (1)

()

(2010/C 288/144)

Language of the case: French

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

(1) OJ C 131, 3.6.2006, p. 50.
EN Official Journal of the European Union C 64/71

Order of the Civil Service Tribunal (First Chamber) of 22 January 2008 — Erbežnik v Parliament

(Case F-106/06) (1)

(2008/C 64/117)

Language of the case: Slovenian

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

(1) OJ 2006 C 281, 46.
EN Official Journal of the European Union C 183/31

Order of the Civil Service Tribunal (First Chamber) of 22 May 2008 — Cova v Commission

(Case F-101/07) (1)

(Civil service - Officials - Remuneration - Article 7(2) of the Staff Regulations - Interim allowance - Inadmissible)

(2008/C 183/61)

Language of the case: English

Parties

Applicant: Philippe Cova (Brussels, Belgium) (represented by: S.A. Pappas, Advocate)

Defendant: Commission of the European Communities (represented by: J. Currall and B. Eggers, Agents)

Re:

Annulment of the decision to limit to one year the period during which the applicant, an official called upon to occupy, on a temporary basis, a post of head of unit, may benefit from the differential allowance provided for by Article 7(2) of the Staff Regulations.

Operative part of the order

1. The action is dismissed as inadmissible.

2. The parties shall bear their own costs.

(1) OJ C 269, 10.11.2007, p. 73.
EN Official Journal of the European Union C 51/61

Order of the Civil Service Tribunal (First Chamber) of 19 December 2007 — Marcuccio v Commission

(Case F-20/07) (1)

(Staff cases - Officials - Social security - Sickness insurance - Repayment of medical expenses - Express rejection of the application)

(2008/C 51/114)

Language of the case: Italian

Parties

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

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

Re:

First, application for annulment of a number of Commission decisions refusing to grant the applicant 100 % reimbursement of his medical expenses and, second, a claim for damages

Operative part of the order

1. The Civil Service Tribunal declines jurisdiction in Case F-20/07 Marcuccio v Commission in order that the Court of First Instance of the European Communities may hear and determine that case.

2. The costs are reserved.

(1) OJ C 223, 22.9.2007, p. 19.
3.

The European Commission shall bear two thirds of the costs incurred by the applicant in the first set of proceedings before the Tribunal and its own costs relating to the first set of proceedings before the Tribunal, the proceedings before the General Court of the European Union and the present proceedings.