ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 254/24

Judgment of the Civil Service Tribunal (First Chamber) of 25 June 2015 — EE v Commission

(Case F-55/14) (1)

((Civil Service - Contractual staff - Non-renewal of fixed-term contract - Claims for annulment - Renewal procedure - Article 41(2)(a) of the Charter of Fundamental Rights of the European Union - Right to be heard - Disregard - Claims for compensation - Non-material harm))

(2015/C 254/26)

Language of the case: French

Parties

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

Defendant: European Commission (represented by: J. Currall and T.S. Bohr, acting as Agents)

Re:

Application for annulment of the decision not to renew the applicant’s contract, which should have been of indefinite duration.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission not to renew the contract of EE as a member of the contractual staff, communicated orally on 14 October 2013, confirmed by the note of 31 October 2013 and explained in the note of 13 December 2013;

2. Orders the European Commission to pay EE the sum of EUR 10 000;

3. Orders the European Commission to bear its own costs and to pay the costs incurred by EE.

(1) OJ C 421, 24.11.2014, p. 59.
EN Official Journal of the European Union C 171/36

Judgment of the Civil Service Tribunal (Third Chamber) of 26 March 2015 — DO v ESMA

(Case F-32/14) (1)

((Civil service - ESMA staff - Member of the temporary staff - Non-renewal of contract - Staff report - Delay in drawing up staff report - Inconsistency of general and specific assessments))

(2015/C 171/43)

Language of the case: English

Parties

Applicant: DO (represented by: S.A. Pappas, lawyer)

Defendant: European Securities and Markets Authority (represented by: R. Vasileva, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision not to renew the applicant’s temporary agent contract as a consequence of the negative appraisal report, for annulment of the above-mentioned appraisal report and for compensation for the loss suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that DO is to bear her own costs and orders her to pay the costs incurred by the European Securities and Markets Authority.

(1) OJ C 184, 16.6.2014, p. 45.
EN Official Journal of the European Union C 48/91

Judgment of the Civil Service Tribunal (Single Judge) of 18 December 2015 — De Nicola v EIB

(Case F-9/14) (1)

((Civil Service - EIB staff - Appraisal - 2012 staff report - Unlawfulness of the decision of the Adjudication Panel - Refusal of promotion - No need to adjudicate))

(2016/C 048/102)

Language of the case: Italian

Parties

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

Defendant: European Investment Bank (represented by: G. Nuvoli and F. Martin, acting as Agents)

Re:

Application, firstly, for annulment of the applicant’s staff report for 2012 as regards the sections concerning ‘appraisal’, ‘assessment’ and ‘setting of objectives for 2013’ and in so far as it does not propose that he be promoted to Function D and, next, annulment of the note to staff No 722 of 5 December 2012 and the 2012 Guide to Staff Appraisal Procedure or a declaration that they are inapplicable and, secondly, a finding of psychological harassment of the applicant. Finally, application for an order that the EIB pay compensation for the material and non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Adjudication Panel of the European Investment Bank of 23 October 2013;

2. Holds that there is no need to adjudicate on the pleas seeking annulment of the staff report relating to 2012 and all connected, consequent and prior acts;

3. Dismisses the remainder of the action;

4. Orders the European Investment Bank to bear its own costs and to pay the costs incurred by Mr D Nicola.

(1) OJ C 212, 7.7.2014, p. 44.
EN Official Journal of the European Union C 363/47

Judgment of the Civil Service Tribunal (Second Chamber) of 22 September 2015 — Barnett v EESC

(Case F-20/14) (1)

((Civil service - Pension - Retirement pension - Early retirement without reduction of pension rights - General implementing provisions for Article 9(2) of Annex VIII to the Staff Regulations - Objection of illegality concerning the general implementing provisions - Interests of the service - Definition - None - Duration of the applicant’s professional activity - Taking account of all of the professional career both inside and outside the EU institutions - Discretion of the institution - Legality))

(2015/C 363/55)

Language of the case: French

Parties

Applicant: Inge Barnett (Roskilde, Denmark) (represented by: initially N. Nikolajsen, lawyer, then S. Orlandi and T. Martin, lawyers)

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

Re:

Application for annulment of the decision of the EESC rejecting the applicant’s request to be entitled to early retirement without a reduction of her pension rights, pursuant to Article 9(2) of Annex VIII to the Staff Regulations.

Operative part of the judgment

The Tribunal:

1) annuls the decision of the European Economic and Social Committee of 11 July 2013, issuing the list of beneficiaries, in respect of 2013, of the measure laid down in Article 9(2) of Annex VIII to the Staff Regulations of Officials of the European Union, in so far as it refuses to allow Mrs Barnett to benefit from that measure;

2) orders the European Economic and Social Committee to bear its own costs and to pay the costs incurred by Ms Barnett.

(1) OJ C 175, 10/6/2014, p. 55.
EN Official Journal of the European Union C 406/44

Judgment of the Civil Service Tribunal (Single Judge) of 29 October 2015 — Xenakis v Commission

(Case F-52/15) (1)

((Civil Service - Officials - Automatic retirement - Retirement age - Request to extend the period of employment - Second paragraph of Article 52 of the Staff Regulations - Refusal to extend the period of employment - Interest of the service))

(2015/C 406/46)

Language of the case: French

Parties

Applicant: Yannis Xenakis (Woluwe-Saint-Pierre, Belgium) (represented by: S. Rodrigues and A. Blot, lawyers)

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

Re:

Application for annulment of the Commission’s decision rejecting the application to extend the applicant’s service and, accordingly, confirming his automatic retirement on 31 October 2014 and application for damages in respect of the material harm allegedly suffered and the symbolic sum of EUR 1 in respect of the non-material harm alleged.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 190, 8.6.2015, p. 38.
EN Official Journal of the European Union C 191/49

Judgment of the Civil Service Tribunal (2nd Chamber) of 11 April 2016 — Wolff v EEAS

(Case F-94/15) (1)

((Civil service - EEAS staff - Staff Committee - Election of the Staff Committee members - Validity - Fifth paragraph of Article 1 of Annex II to the Staff Regulations - EEAS electoral regulations - First ballot - Quorum not attained - Extension of the polling period - Supplementary extension of the polling period - Failure to organise a second ballot - Unlawfulness))

(2016/C 191/71)

Language of the case: French

Parties

Applicant: Oren Wolff (Etterbeek, Belgium) (represented by: S. Orlandi and T.Martin, lawyers)

Defendant: European External Action Service (represented by: initially M. Silva and S. Marquardt, Agents, then G.-J. van Hegelsom, S. Marquardt and E. Chaboureau, Agents, and lastly G.-J. van Hegelsom, S. Marquardt and E. Chaboureau, Agents, M. Troncoso Ferrer, F.-M. Hislaire and S. Moya Izquierdo, lawyers)

Re:

Application for annulment of the decision rejecting the applicant’s challenge brought against the result of the elections to the EEAS Staff Committee.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 23 April 2015 by which the European External Action Service rejected Oren Wolff’s request seeking that the result of the elections of the members of the Staff Committee be deemed invalid;

2. Declares that the European External Action Service shall bear its own costs and orders it to pay the costs incurred by Mr Wolff.

(1) OJ C 294, 07/09/2015, p. 83.
EN Official Journal of the European Union C 136/47

Judgment of the Civil Service Tribunal (3rd Chamber) of 2 March 2016 — Ruiz Molina v OHIM

(Case F-60/15) (1)

((Civil service - Member of the temporary staff - OHIM staff - Fixed-term contract with a termination clause - Clause terminating the contract in the event that the member of staff is not included on a reserve list of a competition - Termination of the contract pursuant to the termination clause - Date on which the termination clause takes effect - Open Competition OHIM/AD/01/13 and OHIM/AST/02/13))

(2016/C 136/67)

Language of the case: French

Parties

Applicant: José Luis Ruiz Molina (San Juan de Alicante, Spain) (represented by: N. Lhoëst, lawyer, then N. Lhoëst and S. Michiels, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, B. Wägenbaur, lawyer, then A. Lukošiūtė, Agent, and B. Wägenbauer, lawyer)

Re:

Application for annulment of the decision of the President of OHIM of 4 June 2014 terminating the applicant’s contract as a member of the temporary staff, seeking reinstatement by OHIM, if possible, and, if not, fair financial compensation for the alleged unlawful termination of his contract, and finally for damages for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

3. Declares that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) is to bear half of its own costs.

(1) OJ C 213, 29/6/2015, p. 48.
Judgment of the Civil Service Tribunal (Second Chamber) of 19 July 2016 — Stips v Commission

(Case F-131/15) (1)

((Civil Service - Member of the temporary staff paid from research and investment appropriations - Article 2(d) CEOS - Contract of indefinite duration - Reclassification in the higher grade - 2013 reclassification round - Closure of the round after 1 January 2014 - Entry into force of Regulation No 1023/2013 - Methods of accessing grade AD 13 - Application, by analogy, of Article 45(1) and of point 1 of Section A of Annex I of the Staff Regulations - Refusal to reclassify an AD 12 member of the temporary staff - Suitability for reclassification - Principles of legal certainty and non-retroactivity - Right to good administration))

(2016/C 364/46)

Language of the case: French

Parties

Applicant: Adolf Stips (Besozzo, Italy) (represented by: S. Orlandi and T. Martin, lawyers)

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

Re:

Application for annulment of the Commission’s decision not to reclassify the applicant as grade AD 13 in the 2013 reclassification round.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 21 January 2015, by which the European Commission did not reclassify Mr Adolf Stips as grade AD 13 in the 2013 reclassification round;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Stips.

(1) OJ C 414, 14/12/2015, p. 45.
EN Official Journal of the European Union C 287/35

Judgment of the Civil Service Tribunal (Single Judge) of 28 June 2016 — Kotula v Commission

(Case F-118/15) (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 recommended for promotion by the Directors-General and Heads of Department - Omission of the applicant’s name - Inter-institutional transfer - Taking into account staff reports drawn up by the previous institution - Possibility of contesting the list of officials recommended for promotion before the Joint Promotions Committee - Consideration of the comparative merits of the officials eligible for promotion))

(2016/C 287/43)

Language of the case: French

Parties

Applicant: Marcin Kotula (Brussels, Belgium) (represented by: N. de Montigny and J.-N. Louis, lawyers)

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

Re:

Application for annulment of the Commission’s decision not to promote the applicant in the 2014 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 320, 28. 9. 2015, p. 57.
EN Official Journal of the European Union C 193/37

Order of the Civil Service Tribunal of 18 June 2009 — Delplancke and Governatori v Commission

(Case F-38/05) (1)

2009/C 193/64

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, 6.8.2005, p. 37.
EN Official Journal of the European Union C 197/37

Order of the Civil Service Tribunal (First Chamber) of 18 June 2008 — Kröppelin v Council

(Case F-2/05)

(2008/C 197/73)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.
EN Official Journal of the European Union C 267/84

Order of the Civil Service Tribunal (Second Chamber) of 15 September 2009 — Hartwig v Commission

(Case F-141/06) (1)

(Appointment - Members of the temporary staff appointed as officials - Candidates names included on a reserve list of a competition published prior to the entry into force of the new Staff Regulations - Grading pursuant to the new less favourable rules - Transitional measures of Annex XIII to the Staff Regulations)

2009/C 267/152

Language of the case: French

Parties

Applicant: Marc Hartwig (Brussels, Belgium) (represented by: T. Bontinck, lawyer)

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

Re:

Annulment of the decisions of the Commission and the Parliament with effect from 16 April 2006 by which the applicant, a member of temporary staff in grade B*7 and successful candidate in Open Competition PE/34/B, was appointed an official in grade B*3, step 2, pursuant to the provisions of Annex XIII to the Staff Regulations.

Operative part of the order

1. There is no need to rule on the action in Case F-141/06 Hartwig v Commission.

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

(1) OJ C 20, 27.1.2007, p. 40.
EN Official Journal of the European Union C 22/55

Order of the Civil Service Tribunal (First Chamber) of 6 December 2007 — Marcuccio v Commission

(Case F-40/06) (1)

(Staff cases - Officials - Request for information on personal effects dispatched from the place of employment to the place of residence - No need to adjudicate - Application for damages manifestly unfounded)

(2008/C 22/105)

Language of the case: Italian

Parties

Applicant:Luigi Marcuccio (Tricase, Italy) (represented by: V. Messa, 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 the implied decision rejecting the applicant's request for a copy of the consignment note relating to the dispatch of his personal effects from Angola to Italy and, second, an application for damages.

Operative part of the order

1. There is no need to adjudicate on the claims for annulment;

2. The claims for compensation are rejected as manifestly unfounded;

3. Mr Marcuccio shall bear his own costs and all the costs incurred by the Commission of the European Communities.

(1) OJ C 143, 17.6.2006, p. 37.
EN Official Journal of the European Union C 116/32

Order of the Civil Service Tribunal (First Chamber) of 6 March 2008 — R bis v Commission

(Case F-105/07)

(Staff cases - Officials - Actions - Action for damages - Conditions under which the probationary period progressed - Extension of probationary period - Establishment as an official - Manifest inadmissibility)

(2008/C 116/60)

Language of the case: French

Parties

Applicant: R bis (Brussels, Belgium) (represented by: O. Martins, lawyer)

Defendant: Commission of the European Communities

Re:

Annulment of the Appointing Authority's decision of 13 February 2007 rejecting the applicant's complaint and claim concerning the compensation for the damage that the applicant suffered as a result of the wrongful conduct of the Commission, in particular in connection with the applicant's probationary period — Claim for damages

Operative part of the order

1. The action is dismissed as manifestly inadmissible;
EN Official Journal of the European Union C 22/55

Order of the Civil Service Tribunal (First Chamber) of 19 October 2007 — M v Agence européenne des médicaments (EMEA)

(Case F-23/07) (1)

(Staff cases - Officials - Invalidity - Invalidity Committee - Refusal to convene - Manifest inadmissibility)

(2008/C 22/106)

Language of the case: French

Parties

Applicant: M (London, United Kingdom) (represented by: S. Orlandi, A. Cohen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Agence européenne des médicaments (EMEA) (represented by: V. Salvatore and S. Vanlievendael, agents)

Re:

Application for annulment of the decision of the EMEA of 25 October 2006 rejecting the application brought by the applicant for an Invalidity Committee to be convened — Application for damages.

Operative part of the order

1. The action is dismissed as inadmissible;

2. Each party shall bear its own costs.

(1) OJ C 117, 26.5.2007, p. 35.
EN Official Journal of the European Union C 346/60

Order of the Civil Service Tribunal of 23 September 2010 — Bui Van v Commission

(Case F-51/07 RENV) (1)

()

2010/C 346/120

Language of the case: French

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

(1) OJ C 170, 21.7.2007, p. 43.
EN Official Journal of the European Union C 223/62

Order of the Civil Service Tribunal of 26 June 2008 — Nijs v Court of Auditors

(Case F-136/07) (1)

(Staff - Officials - Previous complaint - Defect - Time-limit for instituting proceedings - Lateness - Manifest inadmissibility)

(2008/C 223/117)

Language of the case: French

Parties

Applicant: Bart Nijs (Béreldange, Luxembourg) (represented initially by: F. Rollinger; subsequently by: F. Rollinger and A. Hertzog, lawyers)

Defendant: Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Stenier and G. Corstens, acting as Agents)

Re:

Annulment, on the one hand, of the decision of the Appointing Authority of 5 September 2007 to demote the applicant to Grade AD9, step 5, following a disciplinary procedure and, on the other, of the decisions to suspend him from his post, to open an administrative enquiry with regard to him and not to promote him to Grade AD 11 in 2007 — Claim for compensation for non-material and material harm

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Nijs is ordered to pay all the costs.

(1) OJ C 79, 29.3.2008, p. 37.
EN Official Journal of the European Union C 260/21

Order of the President of the Civil Service Tribunal of 3 July 2008 — Plasa v Commission

(Case F-52/08 R)

(Staff case - Application for interim measures - Application for the suspension of operation of a decision to reassign - Urgency - None)

(2008/C 260/38)

Language of the case: French

Parties

Applicant: Wolfgang Plasa (Algiers, Algeria) (represented by: G. Vandersanden, lawyer)

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

Re:

Application for the suspension of operation of the decision of 8 May 2008 by which the Commission of the European Communities reassigns the applicant to Brussels (Belgium) from 1 August 2008.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 24/78

Order of the Civil Service Tribunal (First Chamber) of 29 October 2009 — Marcuccio v Commission

(Case F-94/08) (1)

(Staff case - Officials - Execution of a judgment - Reimbursement of expenses - Intention of the administration to make a deduction from the invalidity allowance of the official - No act adversely affecting the applicant - Action for damages - Manifestly inadmissible)

2010/C 24/147

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, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Annulment of the Commission’s decision to claim the costs in Case T-241/03 and an application for damages for the harm suffered by the applicant as a result.

Operative part of the order

1. The action brought by Mr Marcuccio is rejected as manifestly inadmissible.

2. Mr Marcuccio is ordered to pay the costs.

(1) OJ C 6, 10.1.2009, p. 46.
EN Official Journal of the European Union C 55/54

Order of the Civil Service Tribunal of 18 December 2008 — Gippini Fournier v Commission

(Case F-21/08) (1)

(2009/C 55/99)

Language of the case: French

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

(1) OJ C 116, 9.5.2008, p. 33.
Official Journal of the European Union

Order of the Civil Service Tribunal (First Chamber) of 9 July 2010 — Marcuccio v Commission

(Case F-91/09) (1)

(Public service - Officials - Reasonable time-limits for bringing a claim for damages - Out of time)

(2010/C 288/135)

Language of the case: Italian

Parties

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

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

Re:

Rejection by the Commission of the applicant’s request for compensation for damage purportedly suffered as a result of a letter by which the Commission asked a doctor to carry out a medical examination in order to determine whether the applicant was genuinely unfit for work.

Operative part of the order

1. The action is dismissed as being in part manifestly inadmissible and in part manifestly unfounded.

2. Mr Marcuccio is to pay the costs in their entirety.

(1) OJ C 11 of 16.1.2010, p. 41.
EN Official Journal of the European Union C 24/79

Order of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Lebedef v Commission

(Case F-54/09) (1)

(Staff cases - Officials - Annual leave - Half-time secondment for the purposes of union representation - Unauthorised absence - Deduction from annual leave entitlement - Article 60 of the Staff Regulations - Action manifestly unfounded)

2010/C 24/150

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Annulment of several decisions concerning the deduction of 39 days of the applicant’s leave entitlement for 2008.

Operative part of the order

1. The action is dismissed as manifestly unfounded in law;.

2. Mr Lebedef is ordered to pay the costs in their entirety.

(1) OJ C 167, 18.07.2009, p. 28
EN Official Journal of the European Union C 46/16

Order of the Civil Service Tribunal of 21 December 2010 — Lorenzo v European Social and Economic Committee

(Case F-29/10) (1)

2011/C 46/30

Language of the case: French

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

(1) OJ C 179, 3.7.2010, p. 59.