ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 46/25

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Donati v ECB

(Case F-63/09) (1)

(Civil service - ECB Staff - Complaint of psychological harassment - Administrative inquiry - Access to the file of the inquiry - Transmission of the case-file to persons impugned in the complaint - Duty of confidentiality - Respect for the rights of the defence)

2013/C 46/45

Language of the case: French

Parties

Applicant: Paola Donati (Frankfurt-am-Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: F. Feyerbacher and N. Urban, Agents, and by B. Wägenbaur, lawyer)

Re:

Civil service — Annulment of the ECB’s decision not to take further action on claims relating to alleged psychological harassment suffered by the applicant, and compensation for the non-material harm suffered

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Donati to bear her own costs and to pay the costs incurred by the European Central Bank.

(1) OJ C 205, 29.8.2009, p. 50.
EN Official Journal of the European Union C 252/50

Judgment of the Civil Service Tribunal (3rd Chamber) of 15 February 2011 — Barbin v Parliament

(Case F-68/09) (1)

(Civil service - Officials - 2006 promotion exercise - Enforcement of a judgment of the Tribunal - Comparative examination of the merits - Principle of equal treatment - Half-time parental leave)

2011/C 252/107

Language of the case: French

Parties

Applicant: Florence Barbin (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Parliament (represented by: A. Lukošiūtė, C. Burgos, J.F. de Wachter, R. Ignătescu and K. Zejdová, Agents)

Re:

Annulment of the European Parliament’s decision not to promote the applicant to Grade AD 12 for the 2006 promotion exercise

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Barbin to pay all the costs.

(1) OJ C 220 of 12.09.09, p. 43.
1.

Declares that there is no need to adjudicate on the claim for annulment of the decisions of European Commission of 7 September 2009 in so far as they require Mr Hecq to pay the costs and fees of the doctor whom he nominated to represent him in the medical committee and half of the costs and fees of the third doctor in the medical committee nominated by mutual agreement;
EN Official Journal of the European Union C 232/40

Judgment of the Civil Service Tribunal (First Chamber) of 7 June 2011 — Mantzouratos v European Parliament

(Case F-64/10) (1)

(Staff case - Officials - Promotion - Promotion period 2009 - Decision not to promote - Admissibility of plea of illegality - Comparative examination of merits - Manifest error of assessment)

2011/C 232/71

Language of the case: French

Parties

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

Defendant: European Parliament (represented by V. Montebello-Demongeot and K. Zejdová, Agents)

Re:

Application for annulment of the European Parliament’s decision not to promote the applicant to Grade AD 13 in the promotion period 2009 and also of the decisions to promote to that grade officials having fewer promotion points than the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 274, 9.10.2010, p. 33.
EN Official Journal of the European Union C 138/25

Judgment of the Civil Service Tribunal (Second Chamber) of 14 July 2011 — Praskevicius v Parliament

(Case F-81/10) (1)

(Civil service - Officials - Promotion - Article 45 of the Staff Regulations - Manifest error of assessment - Merit points - Consideration of comparative merits - Statement of reasons)

2012/C 138/49

Language of the case: French

Parties

Applicant: Vidas Praskevicius (Luxembourg, Luxembourg) (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Parliament (represented by: V. Montebello-Demogeot and N.B. Rasmussen, acting as Agents)

Re:

Application for annulment of the defendant’s decision not to include the applicant in the list of officials promoted to grade AD6 for the 2009 promotion exercise and claim for compensation for non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ 2010 C 301, p. 66.
EN Official Journal of the European Union C 138/26

Judgment of the Civil Service Tribunal (Second Chamber) of 15 February 2012 — AT v EACEA

(Case F-113/10) (1)

(Civil service - Member of the temporary staff - Evaluation report - Definitive nature - Time-limit for bringing an action - Out of time - Early termination of fixed-term employment contract on ground of incompetence - Review by the courts - Manifest error of assessment)

2012/C 138/52

Language of the case: French

Parties

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

Defendant: EACEA (represented by: F. Couplan and D. Homann, acting as Agents, B. Wägenbaur, lawyer)

Re:

Application, first, for annulment of the applicant’s career development report for the period from 1 June to 31 December 2008; second, for annulment of the contracting authority’s decision to terminate the applicant’s fixed-term employment contract before its due date; and, third, for compensation for damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders AT to pay all the costs.

(1) OJ 2011 C 72, p. 35.
EN Official Journal of the European Union C 114/46

Judgment of the Civil Service Tribunal (First Chamber) of 26 February 2013 — Labiri v EESC

(Case F-124/10) (1)

(Civil Service - Duty to provide assistance - Article 12a of the Staff Regulations - Psychological harassment - Administrative inquiry)

2013/C 114/68

Language of the case: French

Parties

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

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

Re:

Civil service — Application for annulment of the decision to terminate without further action the administrative inquiry initiated as a result of the complaint of psychological harassment lodged by the applicant.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 18 January 2010 of the Secretary General of the European Economic and Social Committee;

2. Orders the European Economic and Social Committee to bear its own costs and to pay those incurred by Ms Labiri.

(1) OJ C 63, 26.2.2011, p. 34.
EN Official Journal of the European Union C 46/26

Judgment of the Civil Service Tribunal (Second Chamber) of 11 July 2012 — AI v Court of Justice

(Case F-85/10) (1)

(Civil service - Members of the temporary staff - Internal competition - Elimination from the competition in consequence of the result obtained in the first written test - Reexamination - Equal treatment - Reclassification of a fixed-term employment contract as a contract for an indefinite period - Non-renewal of a fixed-term contract as a member of the temporary staff - Action for annulment - Action for damages)

2013/C 46/48

Language of the case: French

Parties

Applicant: AI (represented: initially by M. Erniquin, lawyer, and subsequently by M. Erniquin and L. N’Gapou, lawyers)

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

Re:

Civil service — First, application for the annulment of the deliberations of the Selection Board concerning the results of the French test in internal competition on the basis of tests No CJ 12/09 and, to the extent necessary, annulment of the contracts and appointments of the persons who passed that competition and, second, application for the annulment of the decision not to renew the applicant’s temporary staff contract, and application for compensation for damage.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 13, 15.1.2011, p. 39.
EN Official Journal of the European Union C 46/30

Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Vienne v Parliament

(Case F-97/11) (1)

(Civil service - Financial rules - Family allowances - Household allowance - End of entitlement to household allowance - Dissolution of marriage)

2013/C 46/58

Language of the case: French

Parties

Applicant: Philippe Vienne (Moutfort, Luxembourg) (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Parliament (represented by: M. Ecker and S. Alves, acting as Agents)

Re:

Civil service — Application for annulment of the decision of the Parliament as to the date on which change of marital status took effect to be taken into consideration for the purposes of withdrawing the household allowance following the civil judgment declaring the applicant’s divorce

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 347, 26.11.11, p. 47.
EN Official Journal of the European Union C 46/30

Judgment of the Civil Service Tribunal (Second Chamber) of 20 June 2012 — Menidiatis v Commission

(Case F-79/11) (1)

(Civil Service - Officials - Recruitment - Rejection of application - Implementation of the judgment annulling the decision - Reasonable time - Individual implementing measures - Loss of opportunity)

2013/C 46/57

Language of the case: French

Parties

Applicant: Andreas Menidiatis (Rhode-Saint-Genèse, Belgium) (represented by: S. Pappas, lawyer)

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

Re:

Civil Service — Application for the payment of an amount of compensation to the applicant for material and non-material damage allegedly suffered because of the failure to take measures to implement the judgment in Case F-128/07

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 311, 22.10.2011, p. 47.
EN Official Journal of the European Union C 225/84

Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — BX v Commission

(Case F-88/11) (1)

(Civil service - Open competition - Competition EPSO/AD/148/09 - Failure to include the applicant in the reserve list)

2013/C 225/194

Language of the case: English

Parties

Applicant: BX (Washington, United States) (represented by: R. Rata, lawyer)

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

Re:

Civil Service Tribunal — Application seeking the annulment of the decision of the selection board not to include the applicant in the reserve list for competition EPSO/AD/148/09 — RO-Administrator (AD 5).

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

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

(1) OJ C 347, 26.11.2011, p. 45.
EN Official Journal of the European Union C 114/46

Judgment of the Civil Service Tribunal (First Chamber) of 26 February 2013 — Bojc Golob v Commission

(Case F-74/11) (1)

(Civil service - Member of the contract staff - Contract of indefinite duration - Termination)

2013/C 114/69

Language of the case: English

Parties

Applicant: Aleksandra Bojc Golob (Domžale, Slovenia) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

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

Re:

Civil Service — Application for the annulment of the decision of the AACC terminating the applicant’s contract of indefinite duration.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Aleksandra Bojc Golob must bear her own costs and orders her to pay the costs incurred by the European Commission.

(1) OJ C 290, 1.10.2011, p. 20.
EN Official Journal of the European Union C 431/47

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

(Case F-23/11 RENV) (1)

((Civil service - Officials - Referral back to the Tribunal after setting aside - Promotion - 2010 promotion procedure - Consideration of comparative merits - Decision not to promote the applicant))

(2014/C 431/74)

Language of the case: French

Parties

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

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

Re:

Application for annulment of the Council’s decision not to include the applicant on the list of officials promoted to Grade AST 9 under the 2010 promotion procedure and compensation for the non-material harm suffered. Case T-167/12 P referred back by the General Court after appeal.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that AY is to bear his own costs incurred in Cases F-23/11, T-167/12 P and F-23/11 RENV respectively and orders him to pay the costs incurred by the Council of the European Union in Case F-23/11;

3. Declares that the Council of the European Union is to bear its own costs incurred in Cases T-167/12 P and F-23/11 RENV.

(1) OJ C 226, 30/07/2011, p. 31.
EN Official Journal of the European Union C 9/28

Judgment of the Civil Service Tribunal (First Chamber) of 1 October 2013 — Loukakis and Others v Parliament

(Case F-82/11) (1)

(Civil Service - Parliament Staff Committee - Elections - Irregularities in the electoral process)

2014/C 9/44

Language of the case: French

Parties

Applicants: Nicolaos Loukakis and Others (Brussels, Belgium) (represented by: M.-A. Lucas, lawyer)

Defendant: European Parliament (represented by: S. Seyr and M. Ecker, acting as Agents, and, initially, D. Waelbroeck, lawyer, and, subsequently, A. Duron, lawyer)

Interveners: Solidarité pour les agents et fonctionnaires européens, Syndicat general du personnel des organismes européens, Fédération de la function publique européenne and Pluralist (represented by: J. Choucroun, lawyer)

Re:

Application for a declaration that the elections to the Staff Committee of the Parliament, and the European Parliament’s failure to take action in respect of the various illegalities that affected the electoral process, are unlawful

Operative part of the judgment

The Tribunal:

1. Annuls the implied decision of the European Parliament of 20 May 2011 not to censure the irregularities affecting the Staff Committee elections of November 2010;

2. Dismisses the remainder of the action

3. Orders the European Parliament to bear its own costs and to pay the costs incurred by the applicants;

4. Orders the trade union organisations Solidarité pour les agents et fonctionnaires européens, Syndicat general du personnel des organismes européens, Fédération de la function publique européenne, on the one hand, and the trade union organisation Pluralist, on the other, to bear their own costs.

(1) OJ C 340, 19.11.2011, p. 41.
EN Official Journal of the European Union C 252/46

Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Achab v EESC

(Case F-21/12) (1)

(Civil Service - Officials - Remuneration - Expatriation allowance - Condition laid down in Article 4(1)(a) and (b) of Annex VII to the Staff Regulations - Recovery of sums unduly paid)

2013/C 252/79

Language of the case: French

Parties

Applicant: Mohammed Achab (Brussels, Belgium) (represented by: N. Lhoest, lawyer)

Defendant: European Economic and Social Committee (EESC) (represented by: M. Arsène and G. Boudot, acting as Agents)

Re:

Application for annulment of the decision withdrawing the award of expatriation allowance to the applicant and seeking retroactively to recover that allowance.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Economic and Social Committee of 9 June 2011 in so far as it orders the recovery of the expatriation allowance paid to Mr Achab from 1 July 2010;

2. Dismisses the remainder of the action;

3. Orders the European Economic and Social Committee to bear its own costs and to pay half of the costs incurred by Mr Achab;

4. Orders Mr Achab to bear half of his own costs.

(1) OJ C 133, 5.5.2012, p. 30.
EN Official Journal of the European Union C 9/28

Judgment of the Civil Service Tribunal (1st Chamber) of 7 October 2013 — Thomé v Commission

(Case F-97/12) (1)

(Civil service - Open competition - Competition notice EPSO/AD/177/10 - Decision not to recruit a successful candidate - Criteria for admissibility - University qualification)

2014/C 9/46

Language of the case: French

Parties

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

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

Re:

Application to annul the decision of the Commission’s appointing authority not to recruit the applicant after she had passed competition EPSO/AD/177/10-EPA and an application for damages and interest.

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decisions of 11 November 2011 and 5 June 2012;

2. Orders the European Commission to pay Ms Thomé the sum of EUR 14 000;

3. Dismisses the application as to the remainder;

4. Orders the European Commission to bear its own costs and to pay the costs incurred by Ms Thomé.

(1) OJ C 355, 17.11.2012, p. 39.
EN Official Journal of the European Union C 352/25

Judgment of the Civil Service Tribunal (Single Judge) of 23 October 2013 — Verstreken v Council

(Case F-98/12) (1)

(Civil service - Officials - Promotion - 2008 promotion procedure - 2009 promotion procedure - Decision not to promote the applicant - Statement of reasons - General and stereotypical statement of reasons)

2013/C 352/48

Language of the case: French

Parties

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

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

Re:

Application to annul the decisions not to promote the applicant to grade AD12 under the 2008 and 2009 promotion procedures.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Council of the European Union of 7 November 2011 not to promote Ms Verstreken under the 2008 and 2009 promotion procedures;

2. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Ms Verstreken.

(1) OJ C 343, 10.11.2012, p. 24.
EN Official Journal of the European Union C 85/26

Judgment of the Civil Service Tribunal (Third Chamber) of 12 February 2014 — Bodson and Others v EIB

(Case F-83/12) (1)

(Civil service - EIB staff - Contractual nature of the employment relationship - Remuneration - Reform of the EIB awards scheme)

2014/C 85/43

Language of the case: French

Parties

Applicants: Jean-Pierre Bodson and Others (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (represented by: C. Gómez de la Cruz, T. Gilliams and G. Nuvoli, acting as Agents, and P.E. Partsch, lawyer)

Re:

First, application for annulment of the decisions to distribute awards to the applicants pursuant to the new performance system resulting from the decision of 14 December 2010 of the Board of Directors and the decisions of 9 November 2010 and 16 November 2011 of the Management Committee and, second, subsequent application for the defendant to be ordered to pay the difference in remuneration, and damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Bodson and the seven other applicants whose names are listed in the annex to bear their own costs and to pay those incurred by the European Investment Bank.

(1) OJ C 295, 29.9.2012, p. 34.
Judgment of the Civil Service Tribunal (Second Chamber) of 30.9.2013 BP v FRA

(Case F-38/12) (1)

(Civil service - Staff of the European Union Agency for Fundamental Rights - Member of the contract staff - Non-renewal of a fixed-term contract for an indefinite period - Reassignment to another department until expiry of the contract - Action for annulment - Action for damages)

(2014/C 71/60)

Language of the case: English

Parties

Applicant: BP (Barcelona, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

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

Re:

Action for annulment of the decision of the European Union Agency for Fundamental Rights not to renew the applicant’s contract as a member of the contract staff and of the decision to transfer the applicant to another department of the Agency, and a claim for damages for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that BP shall bear all her own costs and orders her to pay all costs incurred by the European Union Agency for Fundamental Rights.

(1) OJ C 138, 12.5.2012 p. 37.
EN Official Journal of the European Union C 48/89

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

(Case F-82/12) (1)

((Civil Service - EIB staff - Appraisal - New 2007 staff report - Unlawfulness of the decision of the Adjudication Panel - Refusal of promotion - No need to adjudicate))

(2016/C 048/99)

Language of the case: Italian

Parties

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

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

Re:

Application for annulment of the Adjudication Panel’s decision dismissing the applicant’s appeal against the result of the second overall appraisal of his performance for 2007.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Adjudication Panel of the European Investment Bank of 15 February 2012;

2. Declares that there is no need to rule on the pleas seeking the annulment of the new staff report for 2007;

3. Dismisses the remainder of the action;

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

(1) OJ C 319, 20.10.2012, p. 18.
EN Official Journal of the European Union C 253/69

Judgment of the Civil Service Tribunal (3rd Chamber) of 25 June 2014 — Maynard v Europol

(Case F-121/12) (1)

((Civil service - Europol staff - Europol Convention - Europol Staff Regulations - Decision 2009/371/JHA - Application of the CEOS to members of the staff of Europol - Non-renewal of a fixed-term contract as a member of the temporary staff - Refusal to grant a contract for an indefinite period as a member of the temporary staff))

2014/C 253/96

Language of the case: French

Parties

Applicant: Ginny Maynard (The Hague, the Netherlands) (represented by: J.-J. Ghosez, lawyer)

Defendant: European Police Office (represented by: initially, D. Neumann and D. El Khoury, Agents, then J. Arnould, D. Neumann ad D. El Khoury, Agents)

Re:

Application to annul Europol’s decision not to renew the applicant’s contract for an indefinite period and an application to order Europol to pay the difference between the remuneration which she could have continued to receive at Europol and any other damages which she actually received.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Maynard to bear her own costs and to pay the costs incurred by the European Police Office.

(1) OJ C 379, 8/12/2012, p. 36.