ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 16/52

Action brought on 1 October 2015 — ZZ v ECB

(Case F-130/15)

(2016/C 016/62)

Language of the case: French

Parties

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

Defendant: European Central Bank (ECB)

Subject-matter and description of the proceedings

Annulment of the decision of the Executive Board of the ECB not to grant the applicant an additional salary increase in respect of 2015 in the Annual Salary Review procedure and an application for damages in respect of the material and non-material harm allegedly incurred.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Executive Board’s decision, adopted on 24 February 2015 and communicated to staff on 13 March 2015, not to grant the applicant an additional salary increase in respect of 2015;

— annul the decision dated 10 July 2014 and received on 20 July 2014 rejecting the special appeal;

— if necessary, annul the decision of the competent Head of Department not to consider or propose the applicant for an ASA, impliedly communicated by the Executive Board’s decision of 24 February 2015 and by the decision dated 10 July 2015 rejecting the special appeal;

— order the payment of compensation to the applicant in respect of the material harm consisting in the loss of an opportunity of obtaining an ASA in 2015, assessed at EUR 49 102, or, in the alternative, annul the procedure which led to the decision of 24 February 2015 and order the organisation by the ECB of a new procedure for the grant of additional salary increases in respect of 2015;

— order the payment of compensation to the applicant in respect of the non-material harm incurred, assessed on equitable principles at EUR 10 000;
EN Official Journal of the European Union C 296/48

Action brought on 27 June 2016 — ZZ v Court of Justice

(Case F-33/16)

(2016/C 296/61)

Language of the case: French

Parties

Applicant: ZZ (represented by: A. Tymen, lawyer)

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Application for annulment of the decision to dismiss the applicant at the end of his probationary period and an application for compensation in respect of the material and non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 17 July 2015 to dismiss the applicant;

— annul the decision of 16 March 2016 rejecting the complaint of 16 October 2015;

— order the defendant to pay compensation in respect of the material harm suffered by the applicant;

— order the defendant to pay damages, assessed on equitable principles at EUR 60 000, by way of reparation for the applicant’s non-material harm;
EN Official Journal of the European Union C 191/52

Action brought on 15 March 2016 — ZZ v EEAS

(Case F-15/16)

(2016/C 191/75)

Language of the case: English

Parties

Applicant: ZZ (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Annulment of the decision refusing the applicant permission to publish an article, in the absence of modification of the proposed text.

Form of order sought

— Annul the contested decision and, so far as necessary, the decision rejecting the complaint;
EN Official Journal of the European Union C 383/32

Action brought on 1 August 2016 — ZZ v Commission

(Case F-20/16)

(2016/C 383/42)

Language of the case: Polish

Parties

Applicant: ZZ (represented by: A. Żołyniak, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the selection board in Open Competition EPSO/AD 177/10-ECO2013 of 27 May 2014 not to include the applicant’s name on the reserve list.

Form of order sought

The applicant requests the Civil Service Tribunal to:

— annul the decision of the selection board in Open Competition EPSO/AD 177/10-ECO2013 of 27 May 2014 refusing to include the applicant’s name on the reserve list;

— require the appointing authority to implement the judgment by adding the applicant’s name to the reserve list established on the basis of that open competition subject to the period of validity of the addition being equal to the period of validity of the list;
Official Journal of the European Union

Action brought on 28 July 2016 — ZZ v Parliament

(Case F-38/16)

(2016/C 364/76)

Language of the case: French

Parties

Applicant: ZZ (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the staff report for the year 2014, as finalised by the decision of 20 October 2015 and of the decision awarding merit points for the year 2014 and the decision not to promote in respect of 2015.

Form of order sought

— Annul the contested decisions and, in so far as necessary, the decision rejecting the claim;
EN Official Journal of the European Union C 142/38

Judgment of the Civil Service Tribunal (First Chamber) of 23 April 2008 — Pickering v Commission

(Case F-103/05) (1)

(Staff case - Officials - Remuneration - Correction coefficients - Transfer of part of remuneration out of the country of employment - Pensions - Default proceedings - Temporal application of the Tribunal's Rules of Procedure - Pay slips - Plea of illegality - Equal treatment of officials - Principle of protection of legitimate expectations, acquired rights, principle of legal certainty and the duty to have regard for the interests of officials - Obligation to state reasons)

(2008/C 142/70)

Language of the case: French

Parties

Applicant(s): Stephen Pickering (La Hulpe, Belgium) (represented by: N. Lhoëst, lawyer)

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

Re:

Annulment of the applicant's pay slips for the months of December 2004 and January and February 2005, and of all subsequent pay slips, in so far as they apply the allegedly unlawful provisions of Regulation No 723/2004 amending the Staff Regulations of Officials, concerning the transfer of part of remuneration to the official's country of origin (formerly Case T-393/05).

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 10 of 14.1.2006, p. 27 (Case originally registered at the Court of First Instance of the European Communities under number T-393/05 and transferred to the European Union Civil Service Tribunal by order of 15 December 2005).
EN Official Journal of the European Union C 46/25

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

(Case F-44/05 RENV)

(Civil Service - Officials - Referral to the Tribunal following annulment - Waiver of immunity of the servants of an institution in respect of words spoken and documents written in the course of legal proceedings - Appointment to a post of Head of Unit - Rejection of an application - Action for annulment - Unsuccessful candidate’s interest in bringing proceedings - Authority of res judicata - Procedural defect - Balancing of the interests at stake - Action for damages - Non-material damage suffered by reason of an irregularity)

2013/C 46/44

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: N.A. Lödler and H. Tettenborn, lawyers)

Defendant: European Commission (represented by: H. Krämer and B. Eggers, Agents)

Re:

Referral following annulment — Civil Service — First, annulment of the Commission’s decision to reject the applicant’s application for the post of Head of the ‘Tenders and contracts’ Unit and to appoint another candidate to that post and, second, a claim for damages (formerly Case T-225/05).

Operative part of the judgment

The Tribunal:

1. Rejects the request for a waiver of the immunity given to the servants of the Commission of the European Communities in Case F-44/05 Strack v Commission as being inadmissible;

2. Rejects the claim for compensation in respect of the excessive duration of the administrative procedure for filling the post and in respect of the excessive duration of the pre-litigation procedure as being unfounded;

3. Annuls the decision appointing Mr A and the decision of the Commission of the European Communities of 19 November 2004 rejecting Mr Strack’s application to be appointed to the post of Head of the ‘Tenders and contracts’ Unit of the Office for Official Publications of the European Communities;

4. Dismisses the remainder of the action;
EN Official Journal of the European Union C 328/59

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

(Case F-107/05) (1)

(Civil service - Member of the temporary staff - Classification in grade - Grades laid down in the call for applications - Amendment of the rules governing classification of members of the temporary staff after publication of the call for applications - Classification in grade under the new, less favourable rules - Transitional provisions - Application by analogy - Article 12(3) of Annex XIII to the Staff Regulations - Proportionality - Principle of good administration)

2010/C 328/95

Language of the case: French

Parties

Applicant: Gergely Toth (Besozzo, Italie) (represented by: initially, S. Rodrigues and Y. Minatchy, lawyers, subsequently by S. Rodrigues, C. Bernard-Glanz and R. Albelice, lawyers, and finally by S. Rodrigues and C. Bernard-Glanz, lawyers)

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

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

Re:

First, annulment of the Commission’s decision classifying the applicant at grade A*6 on his appointment as a member of the temporary staff and, secondly, an application for damages

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decision classifying Mr Toth at grade A*6, step 2, contained in Article 3 of the temporary staff contract signed on 17 January 2005;

2. Dismisses the remainder of the application;

3. Orders the European Commission to bear its own costs and to pay the costs of the applicant.

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

(1) OJ C 22, 28.1.2006, p. 15. (Case originally registered at the Court of First Instance of the European Communities as Case T-401/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)
EN Official Journal of the European Union C 8/30

Judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007 — Michail v Commission

(Case F-34/06) (1)

(Civil service - Officials - Evaluation - Career evaluation report - 2004 evaluation period - Action for annulment - Action for damages)

(2008/C 8/53)

Language of the case: French

Parties

Applicant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis)

Defendant: Commission of the European Communities (represented initially by C. Berardis-Kayser and K. Herrmann, Agents, and later by H. Tserepa-Lacombe, Agent, assisted by E. Bourtzalas, lawyer)

Re:

On the one hand, annulment of the applicant's career evaluation report for the 2004 evaluation period and, on the other, a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 154 of 1.7.2006, p. 24.
EN Official Journal of the European Union C 209/71

Judgment of the Civil Service Tribunal (Second Chamber) of 22 May 2008 — Pascual-García v Commission

(Case F-145/06) (1)

(Staff case - Open competition - Conditions of eligibility - Required professional experience - Refusal to recruit a candidate on the reserve list - Discretion of selection board and appointing authority)

(2008/C 209/129)

Language of the case: French

Parties

Applicant: Cesar Pascual-García (Madrid, Spain) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and M. Velardo, agents)

Re:

Annulment of the decision of 7 April 2006 of the Director General of the Joint Research Centre of the Commission refusing to take the applicant's application into consideration for the post referred to in vacancy notice COM/2005/2969 — B/3/B*11 — IHCP — Ispra, and adding a comment in the reserve list of competition EPSO/B/23/04, informing the Commission's departments that the applicant does not meet the conditions of eligibility for that competition

Operative part of the judgment

The Tribunal:

1. annuls the decision of 7 April 2006 of the Director General of the Joint Research Centre (JRC) of the Commission of the European Communities refusing to take the application of Mr Pascual-García into consideration for vacancy notice COM/2005/2969, and adding a comment in the reserve list of the open competition EPSO/B/23/04, informing the departments that the applicant did not meet the conditions of eligibility for that competition;

2. orders the Commission of the European Communities to pay the costs.

(1) OJ C 56 of 10.3.2007, p. 42
EN Official Journal of the European Union C 8/31

Judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007 — Carpi Badía v Commission

(Case F-110/06) (1)

(Civil service - Officials - Promotion - Priority points - Incomplete personal file - Omission of priority points from the computer promotion file known as ‘Sysper 2’ - Technical problem - A* Promotion Committee - Allocation of a lower number of points than had been proposed by the applicant's superiors)

(2008/C 8/55)

Language of the case: French

Parties

Applicant: José María Carpi Badía (Luxembourg, Luxembourg) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid and K. Herrmann)

Re:

Annulment of the Appointing Authority's decision to allocate to the applicant, an official of the Commission who had been omitted in error from the promotion list in his Directorate-General, fewer priority points than the latter wished to give him and which were insufficient to allow his promotion in the 2005 exercise.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Communities allocating to Mr Carpi Badía an insufficient number of points to allow his promotion in the 2005 exercise;

2. Annuls the decision of the Commission of the European Communities fixing the list of officials promoted in the 2005 exercise, published in Informations Administratives No 85-2005 of 23 November 2005, in so far as it does not contain Mr Carpi Badía's name;

3. Orders the Commission of the European Communities to bear its own costs and to pay those of Mr Carpi Badía.

(1) OJ C 281 of 18.11.2006, p 48.
EN Official Journal of the European Union C 246/40

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

(Case F-130/06) (1)

(Staff cases - Officials - Appointment - Members of the temporary staff appointed as officials - Candidates’ names included on a reserve list before the entry into force of the new Staff Regulations - Grading pursuant to the new less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 246/69

Language of the case: French

Parties

Applicant: Stefano Sotgia (Dublin, Ireland) (represented by: initially, T. Bontinck and J. Feld, lawyers, and subsequently T. Bontinck and S. Woog, lawyers)

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

Re:

Application for annulment of the decision of the Appointing Authority which took effect on 16 April 2006 and by which the applicant, a member of temporary staff classified in grade A*11 who was successful in open competition EPSO/A/18/04, was appointed as an official classified in Grade A*6, step 2, in accordance with Annex XIII of the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the application.

2. Orders each party to bear their own costs.

(1) OJ C 326, 30.12.2006, p. 86.
EN Official Journal of the European Union C 32/50

Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2008 — Buckingham and Others v Commission

(Case F-116/06) (1)

(Staff cases - Officials - ‘Second round’ promotion - 2005 promotion procedure - Award of priority points - Transitional provisions - GIP for Article 45 of the Staff Regulations - Equal treatment - Admissibility)

(2009/C 32/97)

Language of the case: French

Parties

Applicant: Anne Buckingham (Brussels, Belgium) and Others (represented by: N. Lhoest, lawyer)

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

Re:

Staff case — Annulment of the Commission decision of 23 November 2005, published in Administrative Notices No 85-2005, in that it did not allocate to the applicants, officials in grade A*12, any priority points in recognition of the work carried out in the interests of the institution during the 2004 reporting period

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders each party to bear its own costs.

(1) OJ C 294, 2.12.2006, p. 66.
EN Official Journal of the European Union C 197/37

Judgment of the Civil Service Tribunal (First Chamber) of 17 June 2008 — De Fays v Commission

(Case F-97/07) (1)

(Staff cases - Officials - Sick leave - Unauthorised absence)

(2008/C 197/71)

Language of the case: French

Parties

Applicant: Chantal De Fays (Bereldange, Luxembourg) (represented by: P.-P. Van Gehuchten and P. Reyniers, lawyers)

Defendant: Commission of the European Communities (represented by: D. Martin and K. Herrmann, agents)

Re:

Application for, first, annulment of the Commission's decisions applying with regard to the applicant Article 60 of the Staff Regulations of Officials of the European Communities and, secondly, an application for damages.

Operative part of the judgment

The Tribunal:

1. The application is dismissed;

2. The parties are to bear their own costs.

(1) OJ C 283, 24.11.2007, p. 45.
EN Official Journal of the European Union C 102/36

Judgment of the Civil Service Tribunal (Second Chamber) of 12 March 2009 — Lafleur Tighe v Commission

(Case F-24/07) (1)

(Staff cases - Contract staff - Recruitment - Classification in grade - Former individual experts - Professional experience - Degrees - Certificate of equivalence - Admissibility - New and substantial fact)

2009/C 102/52

Language of the case: French

Parties

Applicant: Virginie Lafleur Tighe (Makati, Phillipines) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

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

Re:

First, annulment of the decision of the appointing authority to classify the applicant in function group IV, grade 13, step 1 at the date of her recruitment as a member of contract staff inasmuch as the calculation of her professional experience did not take account of the period between the date on which she obtained her bachelor's degree and the date on which she obtained her master's degree and, second, retroactive reclassification of the applicant in grade 14

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders each party to bear its own costs.

(1) OJ C 117 of 26.5.2007, p. 36.
EN Official Journal of the European Union C 44/73

Judgment of the Civil Service Tribunal (Third Chamber) of 4 November 2008 — Van Beers v Commission

(Case F-126/07) (1)

(Staff cases - Officials - Promotion - Attestation procedure - Procedure for 2006 - Exclusion from the list of officials pre-selected - Article 45a of the Staff Regulations)

(2009/C 44/127)

Language of the case: French

Parties

Applicant: Isabelle Van Beers (Woluwé-St-Étienne, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

Annulment of the Commission decision of 22 February 2007 rejecting the applicant's application under the attestation procedure for 2006.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 22 of 26.1.2008, p. 57.
EN Official Journal of the European Union C 252/48

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

(Case F-120/07) (1)

(Civil service - Officials - Carry-over of days of annual leave - Article 4 of Annex V to the Staff Regulations - Reasons attributable to the interests of the service - Article 73 of the Staff Regulations - Directive 2003/88/EC - Right to paid annual leave - Sick leave)

2011/C 252/102

Language of the case: French

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

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

Re:

Annulment of several decisions of the Commission concerning the application to carry over from 2004 to 2005 a number of days of unused annual leave exceeding the limit of 12 days. An order that the European Commission pay the applicant compensation for the 26.5 days of unused leave in respect of which no compensation has been paid with interest at a rate of 2 % per year.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 15 March 2007 rejecting the request by Mr Strack to carry over the balance of his days of annual leave from 2004;

2. Dismisses the remainder of the application;

3. Orders the European Commission to pays its own costs and those of Mr Strack.

(1) OJ C 315, 22.12.2007, p. 50.
EN Official Journal of the European Union C 24/70

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

(Joined Cases F-69/07 and F-60/08) (1)

(Staff case - Members of the Contractual staff - Article 88 of the CEOS - Stable employment - Article 100 of the CEOS - Medical proviso - Article 39 EC - Free movement of workers)

2010/C 24/127

Language of the case: French

Parties

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

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

Intervener: Council of the European Union (represented by: initially, in Case F-69/07, I. Šulce and M. Simm, Agents, and, in Case F-60/08, I. Šulce and K. Zieleśkiewicz, Agents, and, subsequently, in both cases, by K. Zieleśkiewicz and M. Bauer, Agents.

Re:

F-69/07: Annulment of the Commission’s decisions fixing the conditions of employment of the applicant as a member of the contract staff in so far as they, first, provide for the application of the proviso laid down in Article 100 of the CEOS and in Article 1 of Annex VIII to the Staff Regulations, and, second, limit the duration of the contract to the period from 16 September 2006 to 15 September 2009.

F-60/08: Annulment of the decision of the Commission to apply to the applicant, following the opinion of the Invalidity Committee, the proviso laid down in Article 100 of the CEOS.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Communities of 14 September 2006 in so far as it imposes a medical proviso in respect of the applicant;

2. Dismisses Case F-69/07 O v Commission for the remainder as unfounded;

3. Dismisses Case F-60/08 O v Commission as inadmissible;

4. In Case F-69/07, the European Commission is ordered to bear its own costs and to pay half of the applicant’s costs;

5. The applicant is ordered to bear half its costs in Case F-69/07 and to bear its own costs and to pay those of the European Commission in Case F-60/08.

(1) F-69/07: OJ C 235, 6.10.2007, p. 29.

F-60/08: OJ C 223 of 30.8.2008, p. 63.