ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 362/23

Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — AZ v Commission

(Case F-26/10) (1)

(Civil service - Promotion - 2009 promotion exercise - Ability to work in a third language - Existence of a disciplinary procedure - Exclusion from the promotion exercise)

2011/C 362/39

Language of the case: French

Parties

Applicant: AZ (Thionville, France) (represented by: L. Levi and M. Vandenbussche, lawyers)

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

Re:

Application for annulment of the decision to exclude the applicant from the 2009 promotion exercise and order that the Commission pay to him a sum of compensation for non-material damage.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders AZ to pay the entirety of the costs.

(1) OJ C 179, 3.7.2010, p. 58.
EN Official Journal of the European Union C 38/29

Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Trentea v FRA

(Case F-112/10) (1)

(Civil service - FRA staff - Members of the temporary staff - Recruitment - Vacancy notice - Rejection of an application)

2013/C 38/55

Language of the case: English

Parties

Applicant: Cornelia Trentea (Vienna, Austria) (represented by L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights (FRA) (represented by M. Kjærum, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

Civil service — First, the claim for annulment of the defendant’s decisions rejecting the applicant’s application for the post of administrative assistant in the field of Finance and Procurement and appointing another candidate to that post. Secondly, the claim for compensation in respect of the material and non-material damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Ms Trentea must bear her own costs and orders her to pay the costs incurred by the European Union Agency for Fundamental Rights.

(1) OJ C 13, 15.1.2011, p. 43.
EN Official Journal of the European Union C 217/30

Judgment of the Civil Service Tribunal (First Chamber) of 5 June 2012 — Giannakouris v Commission

(Case F-83/10) (1)

(Civil service - Officials - Remuneration - Family allowances - Education allowance - Conditions of grant - Deduction of an allowance of like nature paid from other sources)

2012/C 217/64

Language of the case: Greek

Parties

Applicant: Konstantinos Giannakouris (Roodt-sur-Syre, Luxembourg) (represented by: V. Christianos, lawyer)

Defendant: European Commission (represented by: D. Martin, Agent, and E. Bourtzalas and E. Antypas, lawyers)

Re:

Annulment of the decision of the Commission whereby the education allowance granted to the applicant was reduced on the basis that his daughter receives financial assistance from a Member State by way of a grant and a loan.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Giannakouris to pay the European Commission’s costs.

(1) OJ C 13, 15.1.2011, p. 38.
EN Official Journal of the European Union C 46/27

Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Soukup v Commission

(Case F-1/11) (1)

(Civil service - Open competition - Non-inclusion on the reserve list - Evaluation of the oral test)

2013/C 46/50

Language of the case: French

Parties

Applicant: Zdenek Soukup (Luxembourg, Luxembourg) (represented: initially by É. Boigelot and S. Woog, lawyers, and subsequently by É. Boigelot, lawyer)

Defendant: European Commission (represented: initially by B. Eggers and P. Pecho, acting as Agents, and subsequently by B. Eggers, acting as Agent)

Re:

Civil service — Application for annulment of the decision of the selection board of Open Competition EPSO/AD/144/09 not to enter the applicant on the reserve list and the decision to enter another candidate on that list, and compensation for the material and non-material damage thereby suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 72, 5.3.2011, p. 36.
EN Official Journal of the European Union C 227/36

Judgment of the Civil Service Tribunal (Third Chamber) of 13 June 2012 — Macchia v Commission

(Case F-63/11) (1)

(Civil service - Members of the temporary staff - Non-renewal of a fixed-term contract - Administration’s discretion - Duty to have regard to the welfare of officials - Article 8 of the Conditions of Employment of other Servants of the European Communities - Article 4 of the decision of the Director General of OLAF, of 30 June 2005, on the engagement and employment of OLAF’s temporary staff - Maximum duration of contracts of a temporary agent)

2012/C 227/60

Language of the case: French

Parties

Applicant: Luigi Macchia (Woluwé-Saint-Lambert, Belgium) (represented by: S. Rogrigues, A. Blot and C. Bernard-Glanz, lawyers)

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

Re:

Application for annulment of the implied decision not to renew the applicant’s contract as a member of the temporary staff.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the acting Director General of the European Anti-Fraud Office, of 12 August 2010, rejecting the application to extend Mr Macchia’s contract as a member of the temporary staff;

2. Rejects the application for the rest.

(1) OJ C 226 of 30 July 2011, p. 32
EN Official Journal of the European Union C 123/28

Judgment of the Civil Service Tribunal (Second Chamber) of 13 March 2013 — Mendes v Commission

(Case F-125/11) (1)

(Civil service - Open competition - Non-admission to the assessment tests - Administration’s duty to interpret complaints in a spirit of openness - Amendment to the vacancy notice after holding the admission tests - Principle of legitimate expectations - Legal certainty)

2013/C 123/49

Language of the case: French

Parties

Applicant: Isabel Mendes (Brussels, Belgium) (represented by: S. Rogrigues and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Application to annul the decision not to admit the applicant to the assessment tests in competition EPSO/AST/111/10

Operative part of the judgment

The Tribunal:

1. annuls the decision of the selection board of open competition EPSO/AST/111/10 of 7 April 2011 not to admit the applicant to the assessment tests;

2. orders the European Commission to pay EUR 2 000 to the applicant;

3. dismisses the application as to the remainder;

4. orders each party to bear its own costs.

(1) OJ C 65, 3.3.2012, p. 21.
EN Official Journal of the European Union C 46/28

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Honnefelder v Commission

(Case F-42/11) (1)

(Civil service - Open competition - Annulment of the decision of a selection board - Implementation of a judgment - Principle of legality - Plea of illegality against a decision to reopen the procedure for an open competition)

2013/C 46/54

Language of the case: German

Parties

Applicant: Stephanie Honnefelder (Brussels, Belgium) (represented by: C. Bode, lawyer)

Defendant: European Commission (represented initially by B. Eggers and P. Pecho, Agents, and subsequently by B. Eggers, lawyer)

Re:

Civil service — Application for annulment of the decision not to include the applicant on the reserve list for competition EPSO/AD/26/05

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Honnefelder to bear two-thirds of her own costs.

3. Orders the European Commission to bear its own costs and to pay one third of Ms Honnefelder’s costs.

(1) OJ C 183, 25.6.2011, p. 34.
Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2013 — Possanzini, v Frontex

(Case F-124/11) (1)

(Civil service - Frontex staff - Temporary staff - Career development report containing negative assessments of the reporting officer not communicated to the person concerned - Non-renewal of a fixed-term contract - Decision based on the opinion of the reporting officer - Rights of defence - Infringement - Dispute of a financial character - Unlimited jurisdiction)

(2014/C 71/57)

Language of the case: English

Parties

Applicant: Daniele Possanzini (Pisa, Italy) (represented by: S. Pappas, lawyer)

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: S. Vuorensola and H. Caniard, Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

Action for annulment of the decision to revoke the decision to renew the applicant’s temporary employment contract.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 28 March 2011 not to renew the contract of Mr Possanzini as a member of the temporary staff, adopted by the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union;

2. Orders the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to pay Mr Possanzini the sum of EUR 5 000 by way of damages;

3. Declares that the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union shall bear its own costs and orders it to pay the costs incurred by Mr Possanzini.

(1) OJ C 25, 28. 1. 2012, p. 72.
EN Official Journal of the European Union C 252/43

Judgment of the Civil Service Tribunal (Second Chamber) of 19 June 2013 — Goetz v Committee of the Regions

(Case F-89/11) (1)

(Civil Service - Officials - Non-contractual liability - Action for damages - Admissibility - Point from which period to institute proceedings starts to run - OLAF investigation - Administrative investigation - Disciplinary proceedings before the Disciplinary Board - Obligation for the administration to act diligently - Length of disciplinary proceedings - Liability arising from the opening of disciplinary proceedings terminated without a sanction being imposed)

2013/C 252/73

Language of the case: French

Parties

Applicant: Charles Dieter Goetz (Linkebeek, Belgium) (represented by: N. Lhoëst and A.-A. Minet, lawyers)

Defendant: Committee of the Regions (represented by: M.J.C. Cañoto Argüelles, Agent, and by B. Cambier, lawyer)

Re:

Application for annulment of the decision of the Committee of the Regions which rejected the applicant’s request, under Article 90(1) of the Staff Regulations, seeking damages for the non-material and material damage allegedly suffered in connection with administrative and disciplinary proceedings.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders Mr Goetz to bear his own costs and to pay the costs of the Committee of the Regions of the European Union.

(1) OJ C 347, 26.11.2011, p. 45.
2.

Orders Mr Presset to bear his own costs and to pay the costs incurred by the European Commission.
EN Official Journal of the European Union C 377/21

Judgment of the Civil Service Tribunal (First Chamber) of 5 November 2013 — Doyle v Europol

(Case F-103/12) (1)

(Civil service - Europol staff - Non-renewal of a contract - Refusal to grant a contract of an indefinite duration - Annulment by the Tribunal - Compliance with the judgment of the Tribunal)

2013/C 377/48

Language of the case: Dutch

Parties

Applicant: Margaret Doyle (Noordwijkerhout, Netherlands) (represented by: W.J. Dammingh and N.D. Dane, lawyers)

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

Re:

Application to annul Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-37/09 Doyle v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to him by the decision annulled by that judgment

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 28 November 2011 by which the European Police Office granted Ms Doyle the sum of EUR 3 000 in order to comply with the judgment of the Tribunal of 29 June 2010 in Case F-37/09 Doyle v Europol;

2. Orders the European Police Office to bear its own costs and to pay those incurred by Mrs Doyle.

(1) OJ C 26, 26.01.2013, p. 70.
EN Official Journal of the European Union C 325/51

Judgment of the Civil Service Tribunal (Third Chamber) of 25 September 2013 — Marqués v Commission

(Case F-158/12) (1)

(Civil Service - Contract staff - Recruitment - Call for expression of interest EPSO/CAST/02/2010 - Conditions of employment - Appropriate professional experience - Rejection of the application for employment)

2013/C 325/81

Language of the case: French

Parties

Applicant: Éric Marqués (Ennery, France) (represented by: A. Salerno and B. Cortese, lawyers)

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

Re:

Application to annul the decision rejecting the application for employment of the applicant as a member of the contract staff in function group III which was made by the Office for Infrastructures and Logistics in Luxembourg and compensation for the material damage suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 6 March 2012 refusing to employ Mr Marqués as a member of the contract staff in function group III;

2. Dismisses the remainder of the action;

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

(1) OJ C 86, 23.3.2013, p. 30.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — CN v Council

(Case F-84/12) (1)

(Civil service - Article 78 of the Statute - Invalidity Committee - Medical report - Medical data of a psychiatric or psychological nature - Confidentiality of medical information - Access - Action for annulment - Action for damages)

(2014/C 71/64)

Language of the case: French

Parties

Applicant: CN (Brumath, France) (represented by: M. Velardo, lawyer)

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

Re:

Application for annulment of the decision refusing the applicant direct access to the final report of the findings of the Invalidity Committee and access to the diagnosis of the third doctor of that committee.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders CN to bear his own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 295, 29.09.2012 p. 35.
EN Official Journal of the European Union C 39/28

Judgment of the Civil Service Tribunal (1st Chamber) of 12 December 2013 — CH v Parliament

(Case F-129/12) (1)

(Civil service - Accredited parliamentary assistants - Early termination of the contract - Request for assistance - Psychological harassment)

2014/C 39/52

Language of the case: French

Parties

Applicant: CH (Brussels, Belgium) (represented by: L. Levi, C. Bernard-Glanz and A. Tymen, lawyers)

Defendant: European Parliament (represented by: S. Alves and E. Taneva, Agents)

Re:

Application to annul the decision to terminate the applicant’s employment contract and the decision rejecting his request for assistance seeking recognition of psychological harassment, and an application for damages

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Parliament of 19 January 2012, terminating CH’s contract as an accredited parliamentary assistant;

2. Annuls the decision of the European Parliament of 15 March 2012 rejecting CH’s request for assistance of 22 December 2011;

3. Orders the European Parliament to pay CH the sum of EUR 50 000;

4. Orders the European Parliament to bear its own costs and to pay the costs incurred by CH.

(1) OJ C 26, 26.1.2013, p. 73.
EN Official Journal of the European Union C 7/46

Judgment of the Civil Service Tribunal (Second Chamber) of 13 November 2014 — Hristov v Commission and EMA

(Case F-2/12) (1)

((Civil service - Procedure for selection and appointment of the Executive Director of a regulatory agency - European Medicines Agency (EMA) - Two-stage selection procedure - Pre-selection within the Commission - Appointment by the EMA’s Management Board - Obligation for the EMA’s Management Board to choose the Executive Director from among the candidates shortlisted by the Commission - Action for annulment - Composition of the pre-selection panel - Combination of functions of a member of the pre-selection panel and member of the EMA’s Management Board - Candidates who are members of the EMA’s Management Board included on the list of candidates shortlisted by the Commission - Appointment of the candidate who is a member of the EMA’s Management Board - Duty of impartiality - Infringement - Annulment - Action for damages - Material damage severable from the illegality serving as the basis for the annulment - Proof - None))

(2015/C 007/52)

Language of the case: Bulgarian

Parties

Applicant: Emil Hristov (Sofia, Bulgaria) (represented by: M. Ekimdjiev, K. Boncheva and G. Chernicherska, lawyers)

Defendant: European Commission (represented by: initially J. Currall and D. Stefanov, Agents, subsequently by J. Currall and N. Nikolova, Agents)

Defendant: European Medicines Agency (represented by: initially V. Salvatore and T. Jablonski, subsequently by J. Currall and N. Nikolova, Agents)

Re:

First, application for annulment of the Commission’s decisions concerning the drawing up and approval of the shortlist submitted to the EMA’s Management Board in the context of the procedure for the selection and appointment of the Executive Director of that agency; second, application for annulment of the appointment of another candidate to the post; and third, application for compensation for the non-material damage allegedly sustained.

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decision of 20 April 2011, by which it proposed to the Management Board of the European Medicines Agency a list of four candidates recommended by the pre-selection committee and approved by the Consultative Committee on Appointments.

2. Annuls the decision of the Management Board of the European Medicines Agency of 6 October 2011 appointing the Executive Director,

3. Dismisses the action as to the remainder.

4. Orders the European Commission and the European Medicines Agency the bear their own costs and to each pay half of the costs incurred by Mr Hristov.

(1) OJ C 184, 23.6.2012, p. 21.
EN Official Journal of the European Union C 223/66

Judgment of the Civil Service Tribunal (Second Chamber) of 16 January 2014 — Guinet v EIB

(Case F-107/12) (1)

((Civil Service - Staff of the EIB - Pension scheme - Transfer of pension rights - Compensation for the disadvantages resulting from the delay in the transfer of the pension rights - Condition of effective transfer of pension rights acquired in a scheme other than that of the EIB - Principle of equal treatment))

2014/C 223/67

Language of the case: French

Parties

Applicant: Philippe Guinet (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (represented by: T. Gilliams, G. Nuvoli, acting as Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

Application to annul the EIB’s implied decision to reject the applicant’s request to recalculate his years of pensionable service and an application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Guinet to bear his own costs and to pay three-quarters of the costs incurred by the European Investment Bank;

3. Orders the European Investment Bank to bear a quarter of its own costs.

(1) OJ C 366, 14.11.2012, p. 41.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (3rd Chamber) of 10 September 2014 — KE (*1) v ERA

(Case F-120/13) (1)

((Civil Service - Member of the temporary staff - Non-renewal of a fixed-term contract - Agency staff - Reduction of staff - ERA multiannual financial framework - Abolition of two posts from the establishment plan - Compliance with the essential formalities - Right to a fair hearing - Internal guidelines - Interests of the service))

(2014/C 395/80)

Language of the case: French

Parties

Applicant: KE (*1) (represented by: S. A. Pappas, lawyer)

Defendant: European Railway Agency (represented by: G. Stärkle, acting as Agent, B. Wägenbaur, lawyer)

Re:

Application to annul the decision not to renew the applicant’s contract as a member of the temporary staff.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Railway Agency to bear its own costs and to pay half of the costs incurred by KE (*1).

3. Orders KE (*1) to bear half of her own costs.

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

(1) OJ C 45, 15/02/2014, p. 47.
1.

Annuls the decision of the European Commission of 25 April 2012, refusing to employ Ms Cocco as a member of the contract staff in function group III;
EN Official Journal of the European Union C 245/47

Judgment of the Civil Service Tribunal (First Chamber) of 18 June 2015 — CX v Commission

(Case F-27/13) (1)

((Civil Service - Disciplinary procedure - Respective roles and powers of the Disciplinary Board and the Appointing Authority - Disciplinary penalty - Reduction in grade followed by a decision on promotion - Proportionality of the penalty))

(2015/C 245/57)

Language of the case: French

Parties

Applicant: CX (represented by: É. Boigelot, lawyer)

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

Re:

Application for annulment of the decisions to reduce the applicant to grade AD 8 under Article 9(1)(f) of Annex IX to the Staff Regulations and a claim for damages for the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 207, 20.7.2013, p. 56.
EN Official Journal of the European Union C 431/47

Judgment of the Civil Service Tribunal (First Chamber) of 15 October 2014 — Robert van de Water v Parliament

(Case F-86/13) (1)

((Civil service - Rights and obligations of officials - Declaration of intention to engage in an occupational activity after leaving the service - Article 16 of the Staff Regulations - Compatibility with the legitimate interests of the institution - Prohibition))

(2014/C 431/75)

Language of the case: English

Parties

Applicant: Robert van de Water (Grimbergen, Belgium) (represented by: P. Bentley QC, barrister, and R. Bäuerle, lawyer)

Defendant: European Parliament (represented by: N. Chemaï and M. Dean, Agents)

Re:

The application to annul the decision prohibiting the applicant from taking up an appointment as an adviser to the Prime Minister of Ukraine for a period of two years as from the date of termination of his functions with the European Parliament

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr van de Water is to bear his own costs and orders him to pay the costs incurred by the Parliament.

(1) OJ C 336, 16/11/2013, p. 31.