ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 232/39

Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — Missir Mamachi di Lusignano v European Commission

(Case F-50/09) (1)

(Civil service - Officials - Action for damages - Rule of correspondence between request, complaint and action regarding compensation - Inter partes nature of proceedings - Use in judicial proceedings of a confidential document classified as ‘EU restricted’ - Non-contractual liability of the institutions - Liability for fault - Causal link - Plurality of causes of damage - Third party fault - Strict liability - Duty to provide assistance - Obligation on an institution to ensure the protection of its staff - Murder of an official and his spouse by a third party - Loss of a chance of survival)

2011/C 232/66

Language of the case: Italian

Parties

Applicant: Livio Missir Mamachi di Lusignano (Kerkhove-Avelgem, Belgium) (represented by: F. Di Gianni, R. Antonini and N. Sibona, lawyers)

Defendant: European Commission (represented by: L. Pignataro, B. Eggers and D. Martin, Agents)

Re:

Application for an order that the defendant pay a sum by way of reparation for material and non-material damage suffered by the applicant by reason of the murder of his son, a former official.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the extracts from the 2006 document on security standards and criteria, sent by the European Commission to the Tribunal in the course of proceedings, to be returned immediately to the European Commission in an envelope marked “confidential” and ‘classified restricted EU’.

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

(1) OJ C 167, 18.7.2009, p. 27.
EN Official Journal of the European Union C 232/39

Judgment of the Civil Service Tribunal (First Chamber) of 25 May 2011 — Luis Maria Bombín Bombín v European Commission

(Case F-22/10) (1)

(Civil service - Officials - Leave on personal grounds - Annual leave - Carry-over of annual leave - Official who has left the service - Financial compensation)

2011/C 232/68

Language of the case: Spanish

Parties

Applicant: Luis Maria Bombín Bombín (Rome, Italy) (represented by: R. Pardo Pedernera, lawyer)

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

Re:

Action seeking annulment of the decision of the Commission to refuse the applicant, on his retirement, compensation for more than 12 days of annual leave not taken

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Bombín Bombín's action;

2. Orders Mr Bombín Bombín to pay all the costs.

(1) OJ C 148, 5.6.2010, p. 54.
EN Official Journal of the European Union C 227/35

Judgment of the Civil Service Tribunal (Second Chamber) of 16 May 2012 — AF v Commission

(Case F-61/10) (1)

(Civil Service - Officials - Request for assistance - Psychological harassment and discriminatory treatment - Error of assessment)

2012/C 227/57

Language of the case: French

Parties

Applicant: AF (represented by: F. Frabetti, lawyer)

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

Re:

Application to annul the defendant’s decision rejecting the applicant’s request for assistance relating to psychological harassment of which he claims to have been a victim and application for compensation for the non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders AF to pay all the costs.

(1) OJ C 301, 6.11.2010, p. 63.
EN Official Journal of the European Union C 138/23

Judgment of the Civil Service Tribunal (Second Chamber) of 15 March 2011 — Mioni v Commission

(Case F-28/10) (1)

(Staff cases - Contractual agents - Remuneration - Expatriation allowance - Conditions laid down in Article 4 of Annex VII to the Staff Regulations - Habitual residence prior to taking up duties)

2012/C 138/45

Language of the case: French

Parties

Applicant: Gaëtan Barthélémy Maxence Mioni (Brussels, Belgium) (represented by: L. Vogel, lawyer)

Defendant: European Commission (represented by: D. Martin and B. Eggers, Agents)

Re:

Application for annulment of the decision putting an end to the payment of the expatriation allowance previously paid to the applicant

Operative part of the judgment

The Tribunal:

1. Dismisses the action brought by Mr Mioni;

2. Orders Mr Mioni to pay all the costs.

(1) OJ C 179, 3.7.2010, p. 58.
EN Official Journal of the European Union C 421/46

Judgment of the Civil Service Tribunal (1st Chamber) of 15 October 2014 — Moschonaki v Commission

(Case F-55/10 RENV)

((Civil service - Officials - Referral back to the Tribunal after annulment - Recruitment - Vacancy notice internal to the institution - Eligibility conditions in the vacancy notice - Appointing authority’s discretion))

2014/C 421/63

Language of the case: French

Parties

Applicant: Chrysanthe Moschonaki (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

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

Re:

Referral back after annulment — Application to annul the decision refusing to take into consideration the applicant’s candidature for a post as assistant librarian and for an order that the Commission pays her a sum by way of compensation for the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 30 September 2009 by which the European Commission rejected Ms Moschonaki’s candidature for the post of ‘[a]ssistant [l]ibrarian/[d]ocumentalist’;

2. Orders the European Commission to pay Ms Moschonaki the sum of EUR 5 000;
EN Official Journal of the European Union C 343/22

Judgment of the Civil Service Tribunal (First Chamber) of 25 September 2012 — Bermejo Garde v EESC

(Case F-41/10) (1)

(Staff cases - Officials - Psychological harassment - Request for assistance - Right of disclosure - Reassignment - Interests of the service)

2012/C 343/36

Language of the case: French

Parties

Applicant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Economic and Social Committee (EESC) (represented by: M. Echevarría Viñuela, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

Application for annulment of a number of decisions terminating the applicant’s duties as Head of the Legal Service Unit with immediate effect, reassigning him to the Directorate for Logistics and rejecting his formal request for assistance, and application 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 209, 31.7.2010, p. 55.
EN Official Journal of the European Union C 32/43

Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2011 — Sabbag Afota v Council

(Case F-9/11) (1)

(Civil service - Officials - Reports - Promotion - 2010 promotion exercise - No staff report)

2012/C 32/86

Language of the case: French

Parties

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

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

Re:

Action to annul the decision of the appointing authority not to promote the applicant to grade AD 11 in the 2010 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action brought by Ms Sabbag Afota;

2. Orders Ms Sabbag Afota to bear her own costs and to pay the costs of the Council of the European Union.

(1) OJ C 152 of 21.05.11, p. 33.
EN Official Journal of the European Union C 46/29

Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Eklund v Commission

(Case F-57/11) (1)

(Civil service - Recruitment - Open competition - Inclusion on the reserve list - Offer of employment made to a person on a reserve list - Conditions of admission - Professional experience acquired after graduation - Respective powers of the selection board and the Appointing Authority - Acceptance of the offer of employment - Withdrawal of the offer of employment)

2013/C 46/56

Language of the case: Italian

Parties

Applicant: Gustav Eklund (Taino, Italy) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: B. Eggers. A. Aresu and P. Pecho, acting as Agents, then B. Eggers and G. Gattinara, acting as Agents and A. Dal Ferro, lawyer)

Re:

Civil service — Application for annulment of the Commission’s decision not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre as technical assistant and to withdraw that offer, and also a claim for compensation for material and non-material damage.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 211, 16.7.2011, p. 33.
EN Official Journal of the European Union C 126/26

Judgment of the Civil Service Tribunal (First Chamber) of 8 February 2012 — Bouillez and Others v Council

(Case F-11/11) (1)

(Civil service - Officials - Promotion - 2010 promotion exercise - Refusal of promotion - Consideration of comparative merits of officials in the AST function group following their career stream - Obligation on an institution not to apply a provision giving effect to the Staff Regulations which is tainted by illegality)

2012/C 126/48

Language of the case: French

Parties

Applicants: Bouillez and Others (Overijse, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

Application for annulment of the decision of the appointing authority not to promote the applicants to a higher grade in the 2010 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the Council of the European Union to bear its own costs and to pay the applicants’ costs.

(1) OJ 7.5.2011 C 139, p. 30.
EN Official Journal of the European Union C 147/32

Judgment of the Civil Service Tribunal (Third Chamber) of 21 March 2013 — van der Aat and Others v Commission

(Case F-111/11) (1)

(Civil service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other servants - Articles 64, 65, and 65a of the Staff Regulations - Annex XI to the Staff Regulations - Regulation (EU) No 1239/2010 - Correction coefficients - Officials employed at Ispra)

2013/C 147/59

Language of the case: French

Parties

Applicants: van der Aat and Others (Besozzo, Italy) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal, and D. Abreu Caldas, lawyers)

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

Re:

Application for the annulment of the applicants’ pay slips for the month of February 2011 and the pay slips for the following months applying the new correction coefficient for the town of Varese in accordance with Council Regulation (EU) No 1239/2010 of 20 December 2010.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that the applicants must bear their own costs and orders them to pay the costs incurred by the European Commission;

3. Declares that the Council of the European Union, intervener, must bear its own costs.

(1) OJ C 6, 7.1.2012, p.27.
EN Official Journal of the European Union C 38/30

Judgment of the Civil Service Tribunal (Third Chamber) of 13 December 2012 — BW v Commission

(Case F-2/11) (1)

(Civil service - Officials - Recruitment - Probationary official - Not established at the end of the probationary period - Statement of reasons on which the decision to dismiss a probationary official is based - Rights of the defence)

2013/C 38/57

Language of the case: French

Parties

Applicant: BW (Brussels, Belgium) (represented by: L. Levi, S. Bonté and A. Blot, lawyers, subsequently by H. Soland, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz and P. Pecho, Agents, subsequently by J. Baquero Cruz, Agent)

Re:

Annulment of the decision to dismiss the applicant at the end of the probationary period and compensation for the loss suffered as a result of that decision.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders BW 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 39/27

Judgment of the Civil Service Tribunal (First Chamber) of 12 December 2013 — Simpson v Council

(Case F-142/11) (1)

(Civil service - Promotion - Decision not to promote the applicant to grade AD 9 after he passed a competition for grade AD 9 - Equal treatment)

2014/C 39/49

Language of the case: English

Parties

Applicant: Erik Simpson (Brussels, Belgium) (represented by: M. Velardo, lawyer)

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

Re:

Application for the annulment of the decision not to promote the applicant to grade AD9 after he passed competition EPSO/AD/113/07 ‘Heads of unit (AD9) in the field of translation having Czech, Estonian, Hungarian, Lithuanian, Latvian, Maltese, Polish, Slovak and Slovene as their main language’, and an application for damages

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Council of the European Union of 9 December 2010;

2. Dismisses the action as to the remainder;

3. Declares that the Council of the European Union is to bear its own costs and orders it to pay the costs incurred by Mr Simpson.

(1) OJ C 65, 3.3.2013, p. 26.
EN Official Journal of the European Union C 252/43

Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — BY v EASA

(Case F-81/11) (1)

(EASA staff - Temporary staff - Admissibility - Period for bringing proceedings - Unfavourable evaluation report - Reassignment - Psychological harassment - Misuse of power)

2013/C 252/72

Language of the case: French

Parties

Applicant: BY (Lasne, Belgium) (represented by: B.-H. Vincent, lawyer)

Defendant: European Aviation Safety Agency (EASA) (represented by: F. Manuhutu, acting as Agent, and D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision to re-assign the applicant to a non-managerial post in the interest of the service as a result of an unfavourable evaluation report and application to pay the applicant an amount by way of compensation for the damage allegedly suffered

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders BY to bear his own costs and to pay the costs incurred by the European Aviation Safety Agency.

(1) OJ C 340, 19.11.2011, p. 41.
EN Official Journal of the European Union C 38/32

Judgment of the Civil Service Tribunal (Third Chamber) of 5 December 2012 — Bourtembourg v Commission

(Case F-6/12) (1)

(Civil Service - Officials - Expatriation allowance - Concept of habitual residence - Permanent or habitual centre of interests - Temporary residence for the purpose of study - Place where professional activity is pursued - Fixed term employment relationship)

2013/C 38/61

Language of the case: French

Parties

Applicant: Julien Bourtembourg (Brussels, Belgium) (represented by: C. Dony, lawyer)

Defendant: European Commission (represented by: D. Martin and V. Joris, Agents)

Re:

Application to annul the Commission’s decision refusing to grant the applicant the expatriation allowance.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 24 May 2011 refusing to grant Mr Bourtembourg the expatriation allowance;

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

(1) OJ C 184, 23.6.2012, p. 22.
EN Official Journal of the European Union C 352/26

Judgment of the Civil Service Tribunal (Third Chamber) of 23 October 2013 — Solberg v EMCDDA

(Case F-148/12) (1)

(Civil service - Former member of the temporary staff - Staff report - Legal interest in bringing proceedings - Obligation to state reasons - Scope of discretion)

2013/C 352/50

Language of the case: French

Parties

Applicant: Ulrik Solberg (Lisbon, Portugal) (represented by: D. Abreu Caldas, A. Coolen, S. Orlandi, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (represented by: D. Storti, Agent, and by B. Wägenbaur, lawyer)

Re:

Application to annul the decision establishing the applicant’s staff report for the period from 1 January to 31 December 2011

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Solberg to bear his own costs and to pay the costs incurred by the European Monitoring Centre for Drugs and Drug Addiction.

(1) OJ C 71, 09.03.2013, p. 30.
EN Official Journal of the European Union C 252/47

Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Buschak v Commission

(Case F-56/12) (1)

(Civil Service - Temporary staff - Unemployment allowance - Pension contributions - Application out of time)

2013/C 252/81

Language of the case: German

Parties

Applicant: Willy Buschak (Dresde, Germany) (represented by: T. Menssen, lawyer)

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

Re:

Application for annulment of the Commission’s decision not to pay contributions in respect of the applicant to a national pension scheme or to the European Union pension scheme after the end of his contract as a temporary agent during the period in which he was unemployed, and application for him to be included in the European Union pension scheme or for his pension rights to be transferred to the national scheme.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 243, 11.8.2012, p. 34.
Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Glantenay and Others v Commission

(Joined Cases F-23/12 and F-30/12) (1)

(Civil service - Open competition - Competition notice EPSO/AD/204/10 - Selection on the basis of qualifications - Elimination of candidates without specific examination of their degrees and diplomas and professional experience)

(2014/C 71/59)

Language of the case: French

Parties

Applicants: Jérôme Glantenay and Others (Brussels, Belgium) (represented by: C. Mourato, lawyer)

Applicant: Marco Cecchetto (Rovigo, Italy) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, Agents)

Re:

Application for annulment of the decision of the selection board for open competition EPSO/AD/204/10 not to admit the applicants to the next stage of the competition.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the selection board for open competition EPSO/AD/204/10 to reject the applications of Mssrs Bonagurio, Cecchetto, Gecse, Glantenay, Gorgol, Kalamees and Skrobich and of Ms Venckunaite and Ms Załęska from the competition procedure without examining them in the context of the second stage of the selection based on qualifications laid down in the competition notice;

2. Dismisses the remainder of the actions in Cases F-23/12 and F-30/12;

3. Orders the European Commission to bear nine tenths of its costs and to pay those incurred by Mssrs Bonagurio, Cecchetto, Gecse, Glantenay, Gorgol, Kalamees and Skrobich and by Ms Venckunaite and Ms Załęska;

4. Orders Ms Cruceru to bear her own costs and to pay one tenth of the costs incurred by the European Commission.

(1) OJ 2012 C 138, p. 35; OJ 2012 C 138, p. 36.
EN Official Journal of the European Union C 31/20

Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2013 — Sesma Merino v OHIM

(Case F-125/12) (1)

(Civil service - Officials - Assessment report - Objectives for 2011/2012 - Measure not having an adverse effect - Action inadmissible)

2014/C 31/33

Language of the case: German

Parties

Applicant: Alvaro Sesma Merino (El Campello, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Faedo, R. Pethke and P. Saba, Agents)

Re:

Action for annulment of both the applicant’s staff report for 2011 and the decision setting the objectives to be attained, and a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Sesma Merino to bear his own costs and to bear the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 26 of 26.01.2013, p. 72.
EN Official Journal of the European Union C 421/49

Judgment of the Civil Service Tribunal (2nd Chamber) of 19 June 2014 — BN v Parliament

(Case F-157/12) (1)

((Civil service - Officials - Application for annulment - Official of Grade AD 14 temporarily filling a post as adviser to a Director - Claim of psychological harassment made against the Director General - Long-term sick leave - Decision to appoint the applicant to a post as adviser in another Directorate General - Duty to have regard to the welfare of officials - Principle of sound administration - Interest of the service - Rule that the grade must correspond with the post - Application for damages - Harm resulting from a failure to take a decision))

2014/C 421/68

Language of the case: French

Parties

Applicant: BN (represented by: S. Rodrigues and A. Tymen, lawyers)

Defendant: European Parliament (represented by: O. Caisou-Rousseau and V. Montebello-Demogeot, Agents)

Re:

Application for annulment of the decision reassigning the applicant and of the implied decision ending, with retroactive effect, his duties as adviser to the Director of a Directorate of the European Parliament and an application for compensation for the harm suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that the European Parliament is to bear its own costs and is ordered to pay the costs incurred by BN.

(1) OJ C 71, 09/03/2013, p. 31.
EN Official Journal of the European Union C 159/38

Judgment of the Civil Service Tribunal (2nd Chamber) of 10 April 2014 — Nieminen v Council

(Case F-81/12) (1)

((Civil service - Promotion - 2010 promotion procedure - 2011 promotion procedure - Decision not to promote the applicant - Duty to state reasons - Examination of comparative merits - Administrators assigned to linguistic functions and administrators assigned to functions other than linguistic functions - Promotion quotas - Consistency in the duration of the merits))

2014/C 159/51

Language of the case: French

Parties

Applicant: Risto Nieminen (Kraainem, Belgium) (represented by: C. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers, initially, then C. Abreu Caldas, S. Orlandi and J.-N. Louis, lawyers)

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

Re:

Application to annul the decisions not to promote the applicant to Grade AD 12 in respect of the 2010 and 2011 promotion procedures.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 295, 29.09.2012, p. 34.