ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 328/58

Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — Gudrun Schulze v European Commission

(Case F-36/05) (1)

(Civil service - Officials - Appointment - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in step - Article 32 of the Staff Regulations - Articles 2, 5 and 12 of Annex XIII to the Staff Regulations - Discrimination on grounds of age - Equal pay for work of equal value - Principle of good administration - Duty to have regard for the welfare of officials)

2010/C 328/92

Language of the case: French

Parties

Applicant: Gudrun Schulze (Brussels, Belgium) (represented by: initially, S. Rodrigues and A. Jaume, lawyers, and subsequently by S. Rodrigues and C. Bernard-Glanz, lawyers)

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

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

Re:

First, annulment of the Commission’s decision classifying the applicant, who was placed on a reserve list prior to the entry into force of the new Staff Regulations, under the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 amending the Staff Regulations of Officials) and, second, an application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 193, 6.8.2005, p. 36. (Case originally registered at the Court of First Instance of the European Communities as Case T-207/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)
EN Official Journal of the European Union C 313/55

Judgment of the Civil Service Tribunal (Second Chamber) of 4 September 2008 — Dragoman v Commission

(Case F-147/06) (1)

(Staff case - Open competition - Non-admission to the oral test)

(2008/C 313/99)

Language of the case: French

Parties

Applicant: Adriana Dragoman (Brussels, Belgium) (represented by: S. Mihailescu, and, subsequently, by G.-F. Dinulescu, lawyers)

Defendant: Commission of the European Communities (represented by: K. Herrmann and M. Velardo, Agents)

Re:

Annulment of the decision of the selection board for open competition EPSO/AD/44/06 CJ, made for the purpose of establishing a reserve list for the recruitment of Romanian-language lawyer-linguists, to award the applicant a mark of 18/40 in written test (b) and not to admit her to the oral test for that competition

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 42, 24.2.2007, p. 48.
EN Official Journal of the European Union C 37/34

Judgment of the Civil Service Tribunal of 7 November 2007 — Jacques Hinderyckx v Council

(Case F-57/06) (1)

(Officials - Promotion - 2005 Promotion Exercise - Non-inclusion in list of promoted officials - Infringement of Article 45 of the Staff Regulations - Consideration of comparative merits - Staff reports from different institutions)

(2008/C 37/55)

Language of the case: French

Parties

Applicant: Jacques Hinderyckx (Brussels, Belgium) (represented by: J.Martin, lawyer)

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

Re:

Annulment of the decision not to promote the applicant to Grade B*8 in the 2005 promotion exercise, and application for compensation

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders the Council of the European Union, in addition to its own costs, to bear one third of the costs of Mr Hinderyckx

3. orders Mr Hinderyckx to bear two thirds of his costs.

(1) OJ C 178 of 29.7.2006, p. 34.
EN Official Journal of the European Union C 340/34

Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Pino v Commission

(Case F-31/06) (1)

(Staff case - Officials - Appointment - Article 5(2) of Annex XIII to the Staff Regulations - Internal competitions for transfer from one category to another published before 1 May 2004 - Candidate appearing on the reserve list before 1 May 2006 - Grading - Application of a multiplication factor of less than 1 - Loss of promotion points)

2011/C 340/67

Language of the case: French

Parties

Applicant: Marco Pino (Brussels, Belgium) (represented by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Intervener in support of the Defendant: Council of the European Union (represented, initially, by M. Arpio Santacruz and M. Simm, and subsequently by M. Bauer, J. Monteiro and K. Zieleśkiewicz, acting as Agents)

Re:

Annulment of Commission decisions appointing the applicants, officials in Category B and successful candidates in an internal competition for change of category, in administrative posts, in so far as they determine the applicants’ grading pursuant to Annex XIII to the Staff Regulations, maintain the application to their remuneration of a multiplication factor and reset their promotion points at zero.

Operative part of the judgment

1. The action is dismissed.

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

3. The Council of the European Union, which has intervened, is ordered to bear its own costs.

(1) OJ C 131 of 03.06.06, p. 50.
EN Official Journal of the European Union C 234/55

Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Bergström v Commission

(Case F-64/06) (1)

(Staff case - Appointment - Members of the temporary staff appointed as officials - Candidates names included on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules on grading upon recruitment - Grading pursuant to the new less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 234/99

Language of the case: French

Parties

Applicant: Ragnar Bergström (Linkebeek, Belgium) (represented by: initially, T. Bontinck and J. Feld, lawyers, and, subsequently, T. Bontinck and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, agents)

Re:

Application for annulment of the decision of the Appointing Authority of 10 August 2005 by which the applicant, a member of the temporary staff who was successful in open competition COM/A/3/02, was appointed as an official in Grade A*6, step 2, in accordance with the provisions of Annex XIII to the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the application.

2. Orders each party to bear its own costs.

(1) OJ C 165, 15.7.2006, p. 36.
EN Official Journal of the European Union C 313/58

Judgment of the Civil Service Tribunal (Second Chamber) of 4 September 2008 — Duta v Court of Justice

(Case F-103/07) (1)

(Staff case - Temporary staff - Recruitment - Legal secretary - Article 2(c) of the CEOS - Act adversely affecting an official - Relationship of trust)

(2008/C 313/105)

Language of the case: French

Parties

Applicant: Radu Duta (Luxembourg, Luxembourg) (represented by: F. Krieg, lawyer)

Defendant: Court of Justice of the European Communities (represented by: M. Schauss, Agent)

Re:

Application for, first, annulment of the decision of 4 June 2007 of the committee of the Court of First Instance (CFI) authorised to rule on complaints, rejecting the applicant's candidature for a position as legal secretary in the chambers of a judge of the CFI and, secondly, an application for the symbolic sum of EUR one by way of damages for the harm suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 315, 22.12.2007, p. 45, and OJ C 79, 29.3.2008, p. 39 (corrigendum).
EN Official Journal of the European Union C 158/24

Judgment of the Civil Service Tribunal (Third Chamber) of 16 April 2008 — Doktor v Council

(Case F-73/07)

(Staff cases - Officials - Recruitment - Dismissal at the end of the probationary period)

(2008/C 158/42)

Language of the case: French

Parties

Applicant: Frantisek Doktor (Bratislava, Slovakia) (represented by: S. Rodrigues, R. Albelice and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, Agents)

Re:

First, annulment of the decision of the Council's Appointing Authority of October 2006 dismissing the applicant at the end of his probationary period and, secondly, an application for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;
EN Official Journal of the European Union C 102/37

Judgment of the Civil Service Tribunal (Second Chamber) of 3 March 2009 — Patsarika v Cedefop

(Case F-63/07) (1)

(Staff cases - Contract staff - Reassignment - Rights of the defence - Dismissal at the end of the probationary period - Default procedure)

2009/C 102/53

Language of the case: Greek

Parties

Applicant: Maria Patsarika (Thessaloniki, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, Agent, assisted by P. Anestis, lawyer)

Re:

First, annulment of the decision of annul the decision of Cedefop of 20 September 2006 terminating the applicant's fixed-term contract at the end of her probationary period and, second, an action for damages.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders Ms Patsarika to bear three-quarters of her own costs;

3. orders the European Centre for the Development of Vocational Training to bear its own costs and to pay one quarter of Ms Patsarika's costs.

(1) OJ C 283 of 24.11.2007, p. 43.
EN Official Journal of the European Union C 44/72

Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 — Evraets v Commission

(Case F-92/07) (1)

(Staff case - Officials - Promotion - 2006 promotion procedure - Ability to work in a third language)

(2009/C 44/125)

Language of the case: French

Parties

Applicant: Pascal Evraets (Lambusart, Belgium) (represented by: N. Lhoëst, initially, and N. Lhoëst and S. Fernández Menéndez, subsequently, lawyers)

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

Intervener: Council of the European Union (represented by: I. Šulce and M. Simm, Agents)

Re:

Annulment of the decision not to promote the applicants to grade AST 4, for failure to demonstrate the ability to work in a third language, for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not to promote Mr Evraets for the 2006 promotion procedure;

2. Orders the Commission of the European Communities to bear its own costs and to pay the costs of the applicant;

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

(1) OJ C 283, 24.11.2007, p. 44.
EN Official Journal of the European Union C 38/18

Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2010 — Bleser v Court of Justice

(Case F-25/07) (1)

(Civil Service - Officials - Appointment - Classification in grade by application of new, less favourable, rules - Articles 2 and 13 of Annexe XIII to the Staff Regulations - Principle of transparency - Principle of correspondence between the grade and the post - Prohibition of discrimination on grounds of age - Duty of care - Principle of sound administration - Principles of legal certainty and non-retroactivity - The prohibition on reformatio in pejus - Principle of the protection of legitimate expectations - Principle of good faith - Principle patere legem quam ipse fecisti)

2011/C 38/33

Language of the case: German

Parties

Applicant: Thomas Bleser (Nittel, Germany) (represented by: P. Goergen and M. Wehrheim, lawyers)

Defendant: Court of Justice of the European Union (represented initially by: M. Schauss, Agent, later by A. V. Placco and M. Glaeser, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, Agents)

Re:

Annulment of the decision of the Court of Justice classifying the applicant, who was placed on a reserve list before the entry into force of the new Staff Regulations, in accordance with the less favourable provisions thereof (Article 12 of Annex XII to Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials)

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 117, 26.5.2007, p. 36.
EN Official Journal of the European Union C 24/72

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Kerstens v Commission

(Case F-102/07) (1)

(Staff case - Officials - Promotion - 2004, 2005 and 2006 Promotions procedures - Award of priority points - Priority points awarded by directors general - Priority points in recognition of work carried out in the interests of the institution - Principle of non-discrimination - Duty to state reasons)

2010/C 24/130

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: K. Herrmann and M. Velardo, initially, and C. Berardis-Kayser and G. Berscheid, subsequently, Agents)

Re:

Annulment of various Commission decisions concerning the award to the applicant of directorate general priority points (PPDG) and/or priority points in recognition of additional tasks carried out in the interests of the institution (PPII) under the 2004, 2005 and 2006 promotion exercises.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 297, 8.12.2007, p. 49.
EN Official Journal of the European Union C 24/76

Judgment of the Civil Service Tribunal (First Chamber) of 17 November 2009 — Di Prospero v Commission

(Case F-99/08) (1)

(Staff case - Open Competition - Anti-fraud sector - Competition notice EPSO/AD/116/08 and EPSO/AD/117/08 - Lack of possibility for candidates to apply for several open competitions simultaneously - Refusal to admit the applicant to open competition EPSO/AD/117/08)

2010/C 24/141

Language of the case: French

Parties

Applicant: Rita Di Prospero (Uccle, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and B. Eggers, acting as Agents)

Re:

Annulment of EPSO’s decision to not admit the applicant to open competition EPSO/AD/117/08.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Personnel Selection Office (EPSO) to not allow Mrs Di Prospero to apply for open competition EPSO/AD/117/08;

2. Orders the Commission of the European Communities to bear all of the costs.

(1) OJ C 69, 21.3.2009, p. 54.
EN Official Journal of the European Union C 102/39

Judgment of the Civil Service Tribunal (Second Chamber) of 12 March 2009 — Hambura v Parliament

(Case F-4/08) (1)

(Staff case - Temporary staff - Recruitment - Selection procedure - Non-admission - Recruitment notice PE/95/S - Failure to use the application form in the Official Journal of the European Union - Admissibility - Prior administrative procedure)

2009/C 102/57

Language of the case: German

Parties

Applicant: Johannes Hambura (Soultzbach, France) (represented by: S. Hambura, lawyer)

Defendant: European Parliament (represented by: S. Seyr and K. Zejdová, Agents)

Re:

Application for annulment of the decision of the Personnel Directorate of 5 December 2007 not to accept the applicant’s application, annulment of competition PE/95/S, sector: doctor, and to recommence the competition process allowing the use of a downloaded application form.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Hambura to pay all the costs.

(1) OJ C 92, 12.4.2008, p. 50.
EN Official Journal of the European Union C 30/58

Judgment of the Civil Service Tribunal (3rd Chamber) of 29 September 2010 — Brune v Commission

(Case F-5/08) (1)

(Civil service - General competition - Non-inclusion on the reserve list - Conduct of the oral test - Stability of the selection board)

2011/C 30/107

Language of the case: French

Parties

Applicant: Markus Brune (Brussels, Belgium) (represented by: H. Mannes, lawyer)

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

Re:

Annulment of the Commission’s decision not to place the applicant on the reserve list in Competition AD/26/05 because of the insufficiency of his oral test.

Operative part of the judgment

The Tribunal:

1. Annuls the Commission’s decision of 10 May 2007 not to place Mr Brune on the reserve list in Competition EPSO/AD/26/05;

2. Orders the European Commission to pay all the costs.

(1) OJ C 64, 8.3.2008, p. 69.
EN Official Journal of the European Union C 234/57

Judgment of the Civil Service Tribunal (Third Chamber) of 24 February 2010 — P v Parliament

(Case F-89/08) (1)

(Staff case - Temporary staff - European Parliament - Dismissal - Loss of confidence)

2010/C 234/103

Language of the case: French

Parties

Applicant: P (Brussels, Belgium) (represented by: E. Boigelot, lawyer)

Defendant: European Parliament (represented by: S. Seyr, A. Lukošiūtė and R. Ignătescu, agents)

Re:

First, application for annulment of the decision of the Parliament to dismiss the applicant with three months’ notice and, second, a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the application.

2. Orders each party to bear its own costs.

(1) OJ C 44, 21.2.2009, p. 74.
EN Official Journal of the European Union C 209/53

Judgment of the Civil Service Tribunal (2nd Chamber) of 12 May 2010 — Peláez Jimeno v Parliament

(Case F-13/09) (1)

(Staff case - Officials - Previous complaint - Time-limit for the complaint - Lateness - Proof - Former member of the temporary staff - Appointment as an official - Article 5(4) of Annex XIII to the Staff Regulations - Equal treatment)

2010/C 209/81

Language of the case: French

Parties

Applicant: Peláez Jimeno (Relegem-Asse, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: C. Burgos and K. Zejdová initially, then by K. Zejdová and S. Seyr, Agents)

Re:

Annulment of the appointing authority’s decision to classify the applicant, as a probationary official, in a grade and step lower than that which she occupied as a member of the temporary staff

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Peláez Jimeno to pay all the costs.

(1) OJ C 90, 18.04.2009, p, 40.
EN Official Journal of the European Union C 328/60

Judgment of the Civil Service Tribunal (Third Chamber) of 30 September 2010 — Lebedef and Jones v Commission

(Case F-29/09) (1)

(Civil Service - Officials - Remuneration - Article 64 of the Staff Regulations - First subparagraph of Article 3(5) and Article 9 of Annex XI to the Staff Regulations - Weighting - Equal treatment)

2010/C 328/97

Language of the case: French

Parties

Applicant: Georgio Lebedef (Senningerberg, Luxembourg) and Trevor Jones (Ernzen, Luxembourg) (represented by: F. Frabetti and J.-Y. Vergnaud, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented by: K. Zieleśkiewicz and M. Bauer, acting as Agents)

Re:

Application for annulment of the decision refusing to bring the purchasing power of remunerations in Luxembourg to a level equivalent to that of the purchasing power of remunerations in Brussels and, in the alternative, application for annulment of the applicants’ remuneration statements issued with effect from 15 June 2008.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Lebedef and Mr Jones to pay all the costs, with the exception of those incurred by the Council of the European Union;

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

(1) OJ C 129, 6.6.2009, p. 21.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 29 June 2010 — Doyle v European Police Office (Europol)

(Case F-37/09) (1)

(Staff case - Europol employees - Non-renewal of a contract - Contract of indefinite duration - Article 6 of the Staff Regulations applicable to Europol employees - Principle of respect for the rights of the defence)

(2010/C 288/129)

Language of the case: Dutch

Parties

Applicant: Margaret Doyle (Noordwijkerhout, Netherlands) (represented initially by P. de Casparis, lawyer, then by W. J. Dammingh and N. D. Dane, lawyers)

Defendant: European Police Office (Europol) (represented by D. Neumann and D. El Khoury, agents, and by B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer her a permanent post, and the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Operative part of the judgment

The Tribunal:

1. annuls the decision of 12 June 2008 by which the European Police Office (Europol) refused to offer to Ms Doyle a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 167, of 18.07.09., p 26
EN Official Journal of the European Union C 130/27

Judgment of the Civil Service Tribunal (First Chamber) of 8 March 2011 — Carlo De Nicola v European Investment Bank

(Case F-59/09) (1)

(Civil service - Staff of the European Investment Bank - Appraisal - Promotion - Jurisdiction of the Tribunal - Admissibility - Implied decision of rejection - Internal Directive - Staff representative - Principle of respect for the rights of the defence)

2011/C 130/54

Language of the case: Italian

Parties

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank (represented by: C. Gómez de la Cruz, T. Gilliams and F. Martin, agents, and A. Dal Ferro, lawyer)

Re:

First, annulment of the promotions of 29 April 2008 which do not include the applicant’s name and the assessment of the applicant for 2007. Second, annulment of the decision of the Appeal Committee to remain seized of the matter notwithstanding an objection. Finally, a declaration that the applicant has been the victim of psychological harassment and an order that the defendant desist from such conduct and compensate the non-material and material damage suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the staff report for 2007 and the decision refusing M. De Nicola promotion.

2. Dismisses the remainder of the heads of claim.

3. Orders Mr De Nicola and the European Investment Bank to bear their own costs.

(1) OJ C 205 of 29.8.09 p. 49.
EN Official Journal of the European Union C 30/60

Judgment of the Civil Service Tribunal (First Chamber) of 14 December 2010 — Gowitzke v Europol

(Case F-74/09) (1)

(Civil service - Europol staff - Article 27 of the Staff Regulations applicable to Europol employees - Article 4 of the policy for determining grades and steps of Europol staff - Reassessment of a post to the next grade - Classification by step)

2011/C 30/115

Language of the case: Dutch

Parties

Applicant: Werner Siegrfried Gowitzke (The Hague, the Netherlands) (represented by: D.C. Coppens, lawyer)

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

Re:

Application for annulment of Europol’s decision of 5 June 2009 rejecting the applicant’s claim to have his classification changed to grade 5, step 1.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) OJ C 267, 7.11.2009, p. 85.