ddrg/super_eurlex huggingface dataset:
1.

Orders the European Commission to pay Mr Nardone default interest for the period between 1 March 2006 and 15 July 2010 on the amount of EUR 8 448,51 at the rate fixed by the European Central Bank for main refinancing operations and applicable to the period in question, increased by two points, and the sum of EUR 3 000;
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2013 — Balionyte-Merle v Commission

(Case F-113/12) (1)

(Civil service - Open competition - Notice of competition EPSO/AD/204/10 - Failure to include the applicant on the reserve list - Assessment of candidates’ general competencies - Assessment on the basis of performance in tests at the assessment centre - Consistency between the mark obtained and comments appearing in the competency passport)

(2014/C 71/65)

Language of the case: English

Parties

Applicant: Vilija Balionyte-Merle (Auderghem, Belgium) (represented by: L. Levi and A. Tymen, lawyers)

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

Re:

Application for annulment of the decision of the selection board not to include the applicant on the reserve list for competition EPSO/AD/204/10 and for annulment of the decision to reject the complaint.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Balionyte-Merle to bear her own costs and to pay those incurred by the European Commission.

(1) OJ C 26, 26.1.2013 p. 710.
EN Official Journal of the European Union C 39/28

Judgment of the Civil Service Tribunal (First Chamber) of 12 December 2013 — Hall v Commission and CEPOL

(Case F-22/12) (1)

(Civil service - Remuneration - Family allowances - Dependent child allowance - Education allowance - Children of applicant’s wife not living at the home of the couple - Conditions for granting)

2014/C 39/50

Language of the case: English

Parties

Applicant: Mark Hall (Petersfield, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendants: European Commission (represented by: J. Currall and D. Martin, Agents) and European Police College (CEPOL) (represented by: F. Bánfi, Agent)

Re:

Application for annulment of the decisions rejecting the applicant’s request for the grant of dependent child and education allowances in respect of his wife’s three children for the period in which they were still living in the Philippines.

Operative part of the judgment

The Tribunal:

1. Dismisses the action as inadmissible, in so far as it is directed against the European Police College;

2. Annuls the implied decision of 25 March 2011 and the express decision of 11 July 2011 of the European Commission rejecting the application for dependent child and education allowances for the three children of Mr Hall’s wife, for the period in which they were still living in the Philippines;

3. Dismisses the remainder of the action brought against the European Commission;

4. Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mr Hall;

5. Orders Mr Hall to pay the costs incurred by the European Police College.

(1) OJ C 138, 12.5.2012, p. 35.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (1st Chamber) of 18 November 2014 — McCoy v Committee of the Regions

(Case F-156/12) (1)

(Civil Service - Officials - Action for damages - Wrongful conduct - Harassment by line-managers - Occupational disease - Damages granted under Article 73 of the Staff Regulations not compensating in full for the harm suffered - Application for supplementary damages)

(2015/C 016/72)

Language of the case: French

Parties

Applicant: McCoy (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: Committee of the Regions (represented by: S. Bachotet and J.C. Cañoto Argüelles, Agents, and B. Wägenbaur, lawyer)

Re:

Application to annul the decision refusing to grant damages on account of the wrongful conduct of the Committee of the Regions and an application for compensation for the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Orders the Committee of the Regions of the European Union to pay Mr McCoy the sum of EUR 20 000;

2. Dismisses the action as to the remainder;

3. Declares that the Committee of the Regions of the European Union is to bear its own costs and orders it to pay those incurred by Mr McCoy.

(1) OJ C 71, 9.3.2013, p. 31.
EN Official Journal of the European Union C 223/67

Judgment of the Civil Service Tribunal (Second Chamber) of 30 January 2014 — Ohrgaard v Commission

(Case F-151/12) (1)

((Civil Service - Remuneration - Expatriation allowance - Residence condition laid down in Article 4(1)(b) of Annex VII to the Staff Regulations - Performance of duties in an international organisation - Concept - Work experience period of five months at the Commission - Exclusion))

2014/C 223/69

Language of the case: French

Parties

Applicant: Jakob Ohrgaard (Frederiksberg, Denmark) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. de Abreu Caldas, lawyers)

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

Re:

Application to annul the decision refusing the applicant the benefit of the expatriation allowance

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 6 March 2012 refusing Mr Ohrgaard the benefit of the expatriation allowance, as amended by the decision of 31 August 2012 rejecting the claim;

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

(1) OJ C 55, 23.2.2013, p. 26.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Third Chamber) of 17 September 2014 — CQ v Parliament

(Case F-12/13) (1)

((Civil Service - Temporary staff - Contract conference interpreters (AIC) - Article 90 of the CEOS - Psychological harassment - Article 12a of the Staff Regulations - Internal rules concerning the Advisory committee dealing with harassment and its prevention at the workplace - Confidentiality of the work of that committee - Manifest errors of assessment))

(2014/C 395/75)

Language of the case: English

Parties

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

Defendant: European Parliament (represented by: M. Dean and E. Taneva, acting as Agents)

Re:

Application to annul the decision of the Secretary General of the European Parliament rejecting the complaint of psychological harassment brought by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders CQ to bear her own costs and to pay those incurred by the European Parliament.

(1) OJ C 108, 13.4.2013, p. 40.
EN Official Journal of the European Union C 194/39

Judgment of the Civil Service Tribunal (3rd Chamber) of 14 May 2014 — Delcroix v EEAS

(Case F-11/13) (1)

((Civil Service - Official - EEAS - Head of delegation in a third country - Transfer to the seat of the EEAS - Early termination of functions as head of delegation))

2014/C 194/57

Language of the case: French

Parties

Applicant: Nicola Delcroix (Brussels, Belgium) (represented by: initially D. Abreu Caldas, A. Coolen, É. Marchal and S. Orlandi, lawyers, then D. Abreu Caldas, J.-N. Louis and S. Orlandi, lawyers)

Defendant: European External Action Service (represented by: initially, R. Metsola and S. Marquardt, Agents, then S. Marquardt, Agent)

Re:

Application to annul the decision to transfer the applicant to a post at the seat of the EEAS and to terminate his posting at the EU delegation in Djibouti.

Operative part of the judgment

The Tribunal:

1. Annuls the decision, communicated by letter of 8 March 2012, to transfer Mr Delcroix to the seat of the European External Action Service and to thereby terminate early his posting as head of the European Union delegation in the Republic of Djibouti;

2. Orders the European External Action Service to bear its own costs and to pay the costs incurred by Mr Delcroix.

(1) OJ C 123, 27/04/2013, p. 29.
EN Official Journal of the European Union C 262/39

Judgment of the Civil Service Tribunal (2nd Chamber) of 30 June 2015 — Z v Court of Justice

(Case F-64/13) (1)

((Civil service - Officials - Staff report - Delay in drawing up staff report - Action for annulment - Action for compensation))

(2015/C 262/52)

Language of the case: French

Parties

Applicant: Z (represented by: F. Rollinger, lawyer)

Defendant: Court of Justice of the European Union (represented by: A. V. Placco, agent)

Re:

Application to annul the applicant’s staff report for the period from 1 January 2008 to 31 December 2008, and an order that the defendant pay to the applicant a sum in compensation for the non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Z to bear her own costs and to pay the costs incurred by the Court of Justice of the European Union.

(1) OJ C 274, 21/9/2013, p. 30.
EN Official Journal of the European Union C 26/44

Judgment of the Civil Service Tribunal (1st Chamber) of 2 December 2014 — Migliore v Commission

(Case F-110/13) (1)

((Promotion - Certification procedure - 2013 procedure - Exclusion of the applicant from the definitive list of officials authorised to follow the training programme - Article 45a of the Staff Regulations))

(2015/C 026/57)

Language of the case: French

Parties

Applicant: Nunzio Migliore (Sterrebeek, Belgium) (represented by: S. Rodrigues, A. Tymen and A. Blot, lawyers)

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

Re:

Application for annulment of the Commission’s decision excluding the applicant from the list of candidates authorised to participate in the ‘certification’ training programme in 2013.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Migliore is to bear his own costs and orders him to pay the costs incurred by the European Commission.

(1) OJ C 24, 25.1.2014, p. 41.
EN Official Journal of the European Union C 146/45

Judgment of the Civil Service Tribunal (Second Chamber) of 18 March 2015 — DK v EEAS

(Case F-27/14) (1)

((Civil service - EEAS staff - Official - Discipliary proceedings - Removal from post without reduction of entitlement to a pension - Article 25 of Annex IX to the Staff Regulations - Pending criminal proceedings - The facts before the appointing authority and the court hearing the criminal proceedings the same))

(2015/C 146/60)

Language of the case: French

Parties

Applicant: DK (represented by: S. Orlandi, lawyer)

Defendant: European External Action Service (EEAS) (represented by: S. Marquardt and M. Silva, Agents)

Re:

Application for annulment of the decision by which the applicant was removed from his post without reduction of his entitlement to a pension, with effect from 1 February 2014, following disciplinary proceedings taken after the indictment of the applicant by the national authorities for European public procurement fraud, forgery and use of forgery, money laundering and corruption.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 16 January 2014 by which the European External Action Service removed DK from his post without reduction of his entitlement to a pension;

2. Orders the European External Action Service to bear its own costs and to pay all the costs incurred by DK.

(1) OJ C 184, 16.6.2014, p. 43.
EN Official Journal of the European Union C 279/52

Judgment of the Civil Service Tribunal (First Chamber) of 16 July 2015 — Muariu v EIOPA

(Case F-116/14) (1)

((Civil Service - EIOPA staff - Temporary member of staff - Vacancy notice - Requirement for minimum professional experience of eight years - Internal candidate already confirmed in her post as a temporary member of staff following a probationary period - Provisionally posted to the new position, giving classification at a higher grade - Material error in the vacancy notice - Withdrawal of the offer of employment - Applicability of the GIPs - Consultation of the Staff Committee - Legitimate expectations))

(2015/C 279/65)

Language of the case: French

Parties

Applicant: Simona Muariu (Frankfurt-am-Main, Germany) (represented by: L. Levi, lawyer)

Defendant: European Insurance and Occupational Pensions Authority (EIOPA) (represented by: C. Coucke, acting as Agent, and F. Tuytschaever, lawyer)

Re:

Application for annulment of the decision of the executive director of the European Insurance and Occupational Pensions Authority (EIOPA) which withdrew a previous decision appointing the applicant as a temporary member of staff at grade AD 8 and a claim for damages for the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 24 February 2014 of the European Insurance and Occupational Pensions Authority in so far as; — in disregard, in a contractual relationship, of the acquired rights and terms of the contract, it retroactively rejects the application of Ms Murariu for the post of senior expert on personal pensions and impliedly withdraws the offer of employment, under a temporary posting, already accepted by Ms Murariu, made to her on 17 July 2013; — it deprives Ms Murariu of the benefit of remuneration corresponding to grade AD 8 for the period of her temporary posting from 16 September 2013 to 24 February 2014;

2. Dismisses the remainder of the claims;

3. Orders the European Insurance and Occupational Pensions Authority to compensate Ms Murariu for her material loss, suffered between 16 September 2013 and 24 February 2014, in an amount corresponding to the difference in remuneration between grades AD 6 and AD 8, together with default interest, to run from 16 September 2013, at the rate set by the European Central Bank for main refinancing operations during the relevant period and increased by two points;

4. Dismisses the remainder of the claims for compensation;

5. Orders the European Insurance and Occupational Pensions Authority to bear its own costs and to pay the costs incurred by Ms Murariu.

(1) OJ C 26, 26.1.2015, p. 47.
EN Official Journal of the European Union C 245/48

Judgment of the Civil Service Tribunal (1st Chamber) of 9 June 2015 — EF v EEAS

(Case F-65/14) (1)

((Civil service - Member of staff of the EEAS - Officials - 2013 promotion procedure - Decision not to promote the applicant to grade AD 13 - Applicant’s objection to the list of officials proposed for promotion - Article 45 of the Staff Regulations - Completion of a minimum of 2 years in the grade - Calculation of the two-year period - Date of the promotion decision))

(2015/C 245/59)

Language of the case: French

Parties

Applicant: EF (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European External Action Service (represented by: S. Marquardt and M. Silva, Agents)

Re:

Application for annulment of the decisions refusing to promote the applicant to grade AD 13 under the 2013 promotion procedure even though he was included on the list of official eligible for promotion.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that EF is to bear his own costs and orders him to pay the costs incurred by the European External Action Service.

(1) OJ C 380, 27/10/2014, p. 26.
EN Official Journal of the European Union C 111/43

Judgment of the Civil Service Tribunal (Second Chamber) of 17 February 2016 — DE v EMA

(Case F-58/14) (1)

((Civil service - Temporary staff member - Non-renewal of a fixed-term contract - First paragraph of Article 8 of the CEOS - Material change in the nature of the duties performed by the staff member - Interruption of the career path - Reclassification of a fixed-term contract as a contract of indefinite duration - Excluded))

(2016/C 111/52)

Language of the case: English

Parties

Applicant: DE (represented by: S. Rodrigues and A. Blot, lawyers)

Defendant: European Medicines Agency (EMA) (represented initially by S. Marino, T. Jabłoński and N. Rampal Olmedo, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers, and subsequently by S. Marino, T. Jabłoński, F. Cooney and N. Rampal Olmedo, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision not to renew the applicant’s temporary staff contract, and a claim for compensation for the damage which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders DE to bear his own costs and to pay the costs incurred by the European Medicines Agency.

(1) OJ C 292, 1.9.2014, p. 63.
EN Official Journal of the European Union C 406/44

Judgment of the Civil Service Tribunal (Single Judge) of 27 October 2015 — Labiri v Committee of the Regions

(Case F-81/14) (1)

((Civil service - Officials - 2013 promotion procedure - Decision not to promote the applicant - Article 45(1) of the Staff Regulations - Consideration of comparative merits))

(2015/C 406/45)

Language of the case: French

Parties

Applicant: Vassilliki Labiri (Brussels, Belgium) (represented by: initially, J.-N. Louis, D. de Abreu Caldas and R. Metz, lawyers, then J.-N. Louis, R. Metz, N. de Montigny, D. Verbeke and T. Van Lysebeth, lawyers)

Defendant: European Union Committee of the Regions (represented by: J.C. Cañoto Argüelles and S. Bachotet, Agents, and, initially, B. Cambier and G. Ladrière, lawyers, then B. Cambier and T. Cambier, lawyers)

Re:

Application for annulment of the decision not to promote the applicant to the next higher grade (AD 13) in the Committee of the Regions (CoR) 2013 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Ms Labiri is to bear her own costs and orders her to pay the costs incurred by the European Union Committee of the Regions.

(1) OJ C 388, 3.11.2014, p. 32.
EN Official Journal of the European Union C 106/50

Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 — Barnett, Ditlevsen and Madsen v EESC

(Case F-66/15) (1)

((Civil service - Retired officials - Retirement pensions - Article 64 of the Staff Regulations - Weightings - Annual update of weightings - Article 65(2) of the Staff Regulations - Interim update - Articles 3, 4 and 8 of Annex XI to the Staff Regulations - Sensitivity threshold - Change in the cost of living - Article 65(4) of the Staff Regulations - Decision by the legislature not to update the weightings for 2013 and 2014 - Scope - Regulation No 1416/2013 - Over-estimation of the weighting for Denmark - Reduction of the weighting through the interim update mechanism - Misuse of powers))

(2016/C 106/60)

Language of the case: French

Parties

Applicants: Inge Barnett (Roskilde, Denmark), Suzanne Ditlevsen (Copenhagen, Denmark) and Annie Madsen (Frederiksberg, Denmark) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Economic And Social Committee (represented by K. Gambino, A. Carvajal, L. Camarena Januzec and X. Chamodraka, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application for annulment of the decisions to reduce the weighting applicable to the pensions of the applicants, who are resident in Denmark, as is apparent from their pension receipts for June 2014, and a claim for compensation for the non-material damage which they claim to have suffered as a result of the different and contradictory information used to support the contested decisions.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Barnett, Ms Ditlevsen and Ms Madsen to bear their own costs and to pay the costs incurred by the European Economic and Social Committee.

(1) OJ C 213, 29.06.2015, p. 50.
EN Official Journal of the European Union C 270/68

Judgment of the Civil Service Tribunal (Single Judge) of 14 June 2016 — Fernández González v Commission

(Case F-121/15) (1)

((Civil service - Temporary member of staff - Staff member posted in the cabinet of a European commissioner - Recruitment of a temporary member of staff under Article 2(b) of the CEOS - Condition requiring a six-month break from any form of employment with the Commission - Point 3.2 of Commission Note D(2005)18064 of 28 July 2005 on the hiring of temporary members of staff under Article 2(b) and (d) of the CEOS to fill permanent posts in the event that no candidates are shortlisted following a competition))

(2016/C 270/75)

Language of the case: French

Parties

Applicant: Elia Fernández González (Brussels, Belgium) (represented by: M. Casado García-Hirschfeld and É. Boigelot, lawyers)

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

Re:

Application for annulment of the decision rejecting the applicant’s candidature for the post advertised in the vacancy notice COM/2014/2036, on the basis of the failure to comply with the condition requiring a six-month break between contracts prior to the recruitment of a member of staff who has previously been employed under a contract at grade AT2c, as provided for in note D(2005)18064 of 28 July 2005 of DG HR, and for compensation in respect of the material and non-material damage which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Commission to bear its own costs and to pay those incurred by Ms Elia Fernández González.

(1) OJ C 354, 26.10.2015, p. 57.
EN Official Journal of the European Union C 191/50

Judgment of the Civil Service Tribunal (Third Chamber) of 12 April 2016 — CP v Parliament

(Case F-98/15) (1)

((Civil Service - Officials - Head of unit - Trial period - Not confirmed in the post of Head of unit - Enforcement of a judgment for annulment - Loss of opportunity))

(2016/C 191/72)

Language of the case: French

Parties

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

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

Re:

Annulment of the decision of 18 July 2014, which, following the judgment of the Tribunal in Case F-8/13, CP v European Parliament, of 26 March 2014, confirmed the applicant in his post as Head of unit, in so far as that decision does not provide for retroactive recognition of the status of Head of unit and the retroactive award of the increase in basic salary for his post (the management allowance), and the claim for damages for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Orders the European Parliament to pay CP the sum of EUR 3 219,55. Default interest calculated at the rate fixed by the European Central Bank for its main refinancing operations and applicable to the material period, increased by two points, to run from 1 July 2011 until the date of actual payment, shall be added to that sum;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 294, 7.9.2015, p. 86.