ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 340/33

Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Fouwels and Others v Commission

(Case F-8/05 REV)

(Staff case - Procedure - Application for revision - Article 119 of the Rules of Procedure of the Civil Service Tribunal - Decision of the Tribunal - Application for revision of an order removing a case from the register following discontinuance - No binding effect - Inadmissibility raised by the Tribunal of its own motion)

2011/C 340/64

Language of the case: French

Parties

Applicant: Martine Fouwels and Others (Brussels, Belgium) (represented by: S. Rodrigues, C. Bernard-Glanz and A. Blot, lawyers)

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

Intervener in support of the Defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, acting as Agents)

Re:

Application for revision by the applicant against the Order of the First Chamber of the Civil Service Tribunal of 16 September 2010, in Joined Cases F-8/05 and F-10/05.

Operative part of the judgment

1. The application for revision is dismissed as inadmissible.

2. The applicants for revision are ordered to pay the costs of the European Commission.
EN Official Journal of the European Union C 282/63

Judgment of the Civil Service Tribunal (Third Chamber) of 23 September 2009 — Neophytou v Commission

(Case F-22/05 RENV) (1)

(Civil service - Referral back to the Tribunal after setting aside - Open competition - Not included on the reserve list - Selection board - Appointment)

2009/C 282/118

Language of the case: English

Parties

Applicant: Neophytos Neophytou (Itzig, Luxembourg) (represented by: S.A. Pappas, lawyer)

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

Re:

Application for annulment of the decision of the selection board for open competition EPSO/A/1/03 for the constitution of a reserve list of assistant administrators (A8) having Cypriot citizenship not to include the applicant’s name on the reserve list of successful candidates — Case T-43/07 P referred back after appeal)

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Neophytou to bear half of his own costs relating to the proceedings before the Tribunal and the Court of First Instance;

3. Orders the Commission of the European Communities to pay, in addition to all its own costs relating to the proceedings before the Tribunal and the Court of First Instance, half of the costs incurred by Mr Neophytou relating to those proceeding.

(1) OJ C 155, 25.6.2005, p. 29.
EN Official Journal of the European Union C 313/55

Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 — Spee v Europol

(Case F-121/06) (1)

(Staff case - Members of the Europol staff - Remuneration - Articles 28 and 29 of the Europol Staff Regulations - Incremental points awarded on the basis of an assessment - Retroactive application of rules - Calculation method)

(2008/C 313/98)

Language of the case: Dutch

Parties

Applicant: David Spee (Rijswijk, Netherlands) (represented by: D.C. Coppens, lawyer)

Defendant: European Police Office (Europol) (represented by: Urban and D. Neumann and, subsequently, by D. Neumann and D. El Khoury, Agents, and B. Wägenbaur and R. van der Hout, lawyers)

Re:

Annulment of the Europol decision of 5 July 2006 to grant the applicant only one of the two incremental points provided for in Article 29 of the Staff Regulations of Europol.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 326, 30.12.2006, p. 84.
EN Official Journal of the European Union C 22/53

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2007 — Wandschneider v Commission

(Case F-28/06) (1)

(Staff case - Officials - Assessment - Career development report - Assessment year 2004 - Action for annulment - Grounds - Manifest error of assessment)

(2008/C 22/100)

Language of the case: French

Parties

Applicant: Paolo Sequeira Wandschneider (Brussels, Belgium) (represented: initially by G. Vandersanden and C. Ronzi, lawyers, then by G. Vandersanden, C. Ronzi and L. Levi, lawyers)

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

Re:

Annulment of the applicant's career development report for the assessment year 2004 and, secondly, 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 121 of 20.5.2006, p. 19.
EN Official Journal of the European Union C 340/38

Judgment of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Pereira Sequeira v Commission

(Case F-65/06) (1)

(Staff case - Officials - Appointment - Internal competition published before 1 May 2004 - Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 - Grading - Articles 5(4) and 12(3) of Annex XIII to the Staff Regulations - Secretarial allowance - Action in part clearly inadmissible and in part clearly unfounded)

2011/C 340/76

Language of the case: French

Parties

Applicant: Rosa Maria Pereira Sequeira (Brussels, Belgium) (represented, initially, by T. Bontinck and J. Feld, lawyers, and subsequently by T. Bontinck and S. Woog, lawyers)

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

Re:

Annulment of the decision of the Appointing Authority, notified to the applicant on 19 September 2005, whereby the latter, a member of the temporary staff and a successful candidate in internal competition COM/PC//04, was appointed an official in Grade C*1, pursuant to the provisions of Annex XIII to the Staff Regulations.

Operative part of the judgment

1. The action is dismissed.

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

(1) OJ C 165 of 15.07.06, p. 36.
EN Official Journal of the European Union C 102/36

Judgment of the Civil Service Tribunal (Second Chamber) of 12 March 2009 — Arpaillange and Others v Commission

(Case F-104/06) (1)

(Staff cases - Contract staff - Recruitment - Classification - Former individual experts - Diplomas - Professional experience - Plea of illegality)

2009/C 102/51

Language of the case: French

Parties

Applicants: Joséphine Arpaillange and Others (Santiago, Chile) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented by I. Sulce and B. Driessen, Agents)

Re:

First, annulment of the decisions of the authority authorised to conclude contracts stipulating the applicants' conditions of employment, as set out in their contracts as contract staff, on the ground that the number of years of professional experience recognised in their cases by the authority authorised to conclude contracts is less than the number of years' professional experience actually acquired by the applicants and, second, an action for damages.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders each party to bear its own costs.

(1) OJ C 261 of 20.10.2006, p. 35.
EN Official Journal of the European Union C 313/57

Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 — Bui Van v Commission

(Case F-51/07) (1)

(Staff case - Officials - Recruitment - Classification in grade and step - Improper classification - Withdrawal of a measure vitiated by illegality - Legitimate expectations - Reasonable time-limit - Rights of the defence - Right to sound administration)

(2008/C 313/103)

Language of the case: French

Parties

Applicant: Philippe Bui Van (Hettange-Grande, France) (represented by: S. Rodrigues and R. Albelice, lawyers)

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

Re:

First, annulment of the decision of the Director General of the Commission's Joint Research Centre of 4 October 2006 in so far as it reclassifies the applicant in Grade AST 3, whereas he was initially classified in Grade AST 4 and, secondly, an application for damages.

Operative part of the judgment

The Tribunal:

1. Orders the Commission of the European Communities to pay Mr Bui Van the sum of EUR 1 500 by way of damages;

2. Dismisses the action as to the remainder;

3. Orders Mr Bui Van to pay two thirds of his costs;

4. Orders the Commission of the European Communities to pay its own costs and one third of the costs incurred by Mr Bui Van.

(1) OJ C 170, 21.7.2007, p. 43.
EN Official Journal of the European Union C 92/47

Judgment of the Civil Service Tribunal (First Chamber) of 21 February 2008 — Putterie-De-Beukelaer v Commission

(Case F-31/07) (1)

(Staff cases - Officials - Promotion - Appraisal procedure - Attestation procedure - Appraisal of potential - Breach of the scope of the law - Raised by the Court of its own motion)

(2008/C 92/95)

Language of the case: French

Parties

Applicant: Françoise Putterie-De-Beukelaer (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

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

Re:

Annulment of the applicant's Career Development Report concerning the period from 1 January 2005 to 31 December 2005, in particular in respect of section 6.5 ‘Potential’, in so far as that report does not acknowledge the applicant's potential to carry out duties in category B* for the purposes of the attestation procedure.

Operative part of the judgment

The Tribunal

1. Annuls the Career Development Report of Ms Putterie-De-Beukelaer concerning the period from 1 January 2005 to 31 December 2005 in so far as it does not acknowledge the applicant's potential to carry out duties in category B*;

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

(1) OJ C 117, 26.5.2007, p. 38.
EN Official Journal of the European Union C 55/51

Judgment of the Civil Service Tribunal (Second Chamber) of 27 November 2008 — Klug v EMEA

(Case F-35/07) (1)

(Staff case - Temporary staff - Non-renewal of a fixed-term contract - Unfavourable appraisal report - Psychological harassment)

(2009/C 55/92)

Language of the case: German

Parties

Applicant: Bettina Klug (London, United Kingdom) (represented by: W. Grupp, lawyer, initially, then by S. Zickgraf, lawyer)

Defendant: European Medicines Agency (EMEA) (represented by: V. Salvatore, S. Vanlievendael, Agents, assisted by H.-G. Kamman and N. Rössler, lawyers)

Re:

Annulment of the decision of the European Medicines Agency rejecting the applicant's claim for an extension of her employment contract — Application for a new staff report — Application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 140, 23.6.2007, p. 45.
EN Official Journal of the European Union C 19/37

Judgment of the Civil Service Tribunal (First Chamber) of 2 December 2008 — Baniel-Kubinova v European Parliament

(Case F-131/07) (1)

(Staff case - Members of the temporary staff and members of the auxiliary staff appointed probationary officials - Article 10 of Annex VII to the Staff Regulations - Right to the daily allowance after receiving part of the installation allowance)

(2009/C 19/72)

Language of the case: French

Parties

Applicants: Barbora Baniel-Kubinova (Alzingen, Luxembourg) and thirteen other officials of the European Parliament (represented by: S. Orlandi, J.-N. Louis and E. Marchal, lawyers)

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

Re:

Annulment of several of the decisions of the Appointing Authority of the European Parliament refusing to grant the applicants the daily allowance referred to in Article 10 of Annex VII to the Staff Regulations of Officials.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 183, 19.7.2008, p. 32.
EN Official Journal of the European Union C 274/31

Judgment of the Civil Service Tribunal (Full Court) of 1 July 2010 — Mandt v Parliament

(Case F-45/07) (1)

(Civil service - Officials - Survivor's pension - Article 79 of the Staff Regulations - Article 18 of Annex VIII to the Staff Regulations - Surviving spouse - Recognition of two persons as the surviving spouse - Reduction to 50 % - Legitimate expectation - Requirement of consistency)

2010/C 274/46

Language of the case: German

Parties

Applicant: Wolfgang Mandt (Kreuztal, Germany) (represented by: B. Kolb, lawyer)

Defendant: European Parliament (represented by: initially, K. Zejdová, J. F. de Wachter and U. Rösslein, acting as Agents, then, J. F. de Wachter, K. Zejdová and S. Seyr, acting as Agents)

Intervener in support of the defendant: Kurt-Wolfgang Braun Neumann who died on 9 October 2009, leaving Shirley Meyer as sole heir (Bedburg-Hau, Germany) (represented by: P. Ames, lawyer)

Re:

Annulment of the decision of the European Parliament of 8.2.2007 rejecting the applicant's complaint regarding the reduction of the survivor's pension to 50 % — Claim for full payment

Operative part of the judgment

1. There is no need to give a decision on the application requesting the Parliament to pay Mr Mandt the survivor's pension in full in so far as it relates to the period after 31 October 2009.

2. The remainder of the application is dismissed.

3. The parties and the intervener shall bear their own costs.

(1) OJ C 183, 4.8.2007, p. 43.
EN Official Journal of the European Union C 24/70

Judgment of the Civil Service Tribunal (Second Chamber) of 10 September 2009 — Behmer v Parliament

(Case F-47/07) (1)

(Promotion - 2005 Promotions procedure - Decision on Policy on promotion and on career planning - Procedure for the award of promotion points in the European Parliament - Unlawfulness of instructions governing that procedure - Consultation of the Staff Regulations Committee - Comparative examination of the merits - Discrimination against staff representatives)

2010/C 24/126

Language of the case: French

Parties

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

Defendant: European Parliament (represented by: C. Burgos and R. Ignătescu, Agents)

Re:

First, annulment of the decision of the appointing authority of the Parliament not to appoint the applicant to grade A*13 in the 2005 promotions procedure and, second, declaration of the unlawfulness of the decision of the Bureau of the Parliament relating to the ‘Policy on promotion and on career planning’ of 6 July 2005 and of the ‘Implementing measures relating to the award of merit points and to promotion’ of 25 July 2005.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 170, 21.7.2007, p. 43.
EN Official Journal of the European Union C 297/35

Judgment of the Civil Service Tribunal (First Chamber) of 21 October 2009 — V v Commission

(Case F-33/08) (1)

(Staff case - Members of the contract staff - Recruitment - Refusal to employ the applicant for physical unfitness to perform her duties - Validity of the procedure - Validity of the medical examination prior to appointment - Preparatory acts)

2009/C 297/54

Language of the case: French

Parties

Applicant: V (Brussels, Belgium) (represented by: C. Ronzi, A. Grauling and É. Boigelot, lawyers)

Defendant: Commission of the European Communities (represented by: L. Lozano Palacios and D. Martin, Agents)

Re:

Staff case — Annulment of the Commission decision of 15 May 2007 informing the applicant that she did not fulfil the physically fitness requirements necessary for her to perform her duties and a claim for damages for material and non-material loss.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the Commission of the European Communities to bear its own costs and to pay half of V’s costs;

3. Orders V to bear half of her own costs.

(1) OJ C 158, 21.6.2008, p. 26.
EN Official Journal of the European Union C 102/39

Judgment of the Civil Service Tribunal (Third Chamber) of 11 February 2009 — Schönberger v Parliament

(Case F-7/08) (1)

(Staff case - Officials - Promotion - Consideration of comparative merits - Award of merit points - Principle of equal treatment)

2009/C 102/58

Language of the case: German

Parties

Applicant: Peter Schönberger (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)

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

Re:

Annulment of the Parliament’s decision of 15 January 2007 to award the applicant a lower number of priority points than he wished.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions by which the European Parliament refused to award a third merit point to Mr Schönberger under the 2003 appraisal procedure;

2. Orders the European Parliament to pay the costs.

(1) OJ C 64, 8.3.2008, p. 69.
EN Official Journal of the European Union C 30/59

Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Vandeuren v European Training Foundation (ETF)

(Case F-88/08) (1)

(Civil service - Staff of the European Training Foundation - Temporary Agent - Contract of unlimited duration - Dismissal - Requirement to provide a valid reason - Abolition of a post - Duty of care - Reallocation)

2011/C 30/111

Language of the case: French

Parties

Applicant: Monique Vandeuren (Pino Torinese, Italy) (represented initially by N. Lhoest, lawyer, and subsequently by N. Lhoest and L. Delhaye, lawyers)

Defendant: European Training Foundation (ETF) (represented by: T. Ciccarone, Agent, and L. Levi, lawyer)

Re:

Civil service — Annul the defendant’s decision to dismiss the applicant, and order the European Foundation to provide compensation for the pecuniary and non-pecuniary damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Annuls the decision to dismiss Ms Vandeuren of 23 October 2007;

2. Dismisses the action as to the remainder;

3. Orders the European Training Foundation (ETF) to pay the costs.

(1) OJ C 327, 20.12.2008, p. 44.
EN Official Journal of the European Union C 209/52

Judgment of the Civil Service Tribunal (Third Chamber) of 4 May 2010 — Petrilli v Commission

(Case F-100/08) (1)

(Civil Service - Officials - Pensions - Concept of residence - Principal residence - Documents in support)

2010/C 209/80

Language of the case: French

Parties

Applicant: Alessandro Petrilli (Grottammare, Italy) (represented by: J.-L. Lodomez and J. Lodomez, lawyers)

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

Re:

Annulment of the appointing authority’s decision concerning the fixing of the applicant’s main place of residence.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Petrilli to pay the costs.

(1) OJ C 55, 7.3.2009, p. 52.
EN Official Journal of the European Union C 148/53

Judgment of the Civil Service Tribunal (Second Chamber) of 15 April 2010 — Britto Patricio Dias v Commission

(Case F-4/09) (1)

(Staff case - Officials - Posting - Reassignment - Interests of the service - Correspondence between grade and post - Rights of the defence - Reasons stated)

2010/C 148/93

Language of the case: French

Parties

Applicant: Jorge de Britto Patricio Dias (Brussels, Belgium) (represented by: L. Massaux, lawyer)

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

Re:

Application for annulment of the decision to reassign the applicant

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr de Britto Patricio Dias to pay all the costs.

(1) OJ C 69, 21.03.2009, p. 54.
EN Official Journal of the European Union C 328/61

Judgment of the Civil Service Tribunal (Second Chamber) of 14 October 2010 — W v Commission

(Case F-86/09) (1)

(Civil Service - Contractual agents - Remuneration - Family benefits - Couple of persons of the same sex - Household allowance - Condition governing the grant - Access to legal marriage - Notion - Article 1(2)(c)(iv) of Annex VII to the Staff Regulations)

2010/C 328/98

Language of the case: French

Parties

Applicant: W (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

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

Re:

Annulment of the decision not to grant the household allowance to the applicant on the ground that the applicant and his partner have access to legal marriage in Belgium

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the Commission of 5 March 2009 and 17 July 2009 refusing W the benefit of the grant of the household allowance provided for in Article 1 of Annex VII to the Staff Regulations of the European Union;

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

(1) OJ C 11, 16.1.2010, p. 40.
Official Journal of the European Union

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

(Case F-36/09) (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 288/128)

Language of the case: Dutch

Parties

Applicant: Kate Armitage-Wilson (The Hague, Netherlands) (represented by W. J. Dammingh, lawyer)

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 Armitage-Wilson 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 95/13

Judgment of the Civil Service Tribunal (Second Chamber) of 8 February 2011 — Skareby v Commission

(Case F-95/09) (1)

(Civil service - Officials - Psychological harassment by a hierarchical superior - Articles 12a and 24 of the Staff Regulations - Request for assistance - Reasonable period - Point from which time starts to run - Length of time)

2011/C 95/21

Language of the case: English

Parties

Applicant: Carina Skareby (Louvain, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: J. Currall and J. Baquero Cruz, Agents)

Re:

Annulment of the defendant’s decision not to open an enquiry into the psychological harassment of which the applicant alleges to have been a victim

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 4 March 2009 refusing to open an administrative enquiry into allegations of psychological harassment by one of Ms Skareby’s former hierarchical superiors;

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

(1) OJ C 24, 30.1.2010, p. 81.