ddrg/super_eurlex huggingface dataset:
1.

Annuls the decision of 18 September 2008 by which the Commission of the European Communities, pursuant to Articles 23 and 24 of Annex IX to the Staff Regulations of Officials of the European Communities, suspended Mr Wenig for an indefinite period and ordered an amount of EUR 1 000 per month to be withheld from his remuneration for a maximum period of six months;
EN Official Journal of the European Union C 267/83

Judgment of the Civil Service Tribunal (Second Chamber) of 10 September 2009 — Rosenbaum v Commission

(Case F-9/08) (1)

(Staff case - Officials - Appointment - Grading - Request for reclassification - Scope of Article 13 in Annex XIII to the Staff Regulations - Taking into account professional experience - Recruitment in the grade of the competition - Article 31 of the Staff Regulations - Principle of non-discrimination - Free movement of workers)

2009/C 267/150

Language of the case: German

Parties

Applicant: Eckehard Rosenbaum (Bonn, Germany) (represented by: H.-J. Rüber, lawyer)

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

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and M. Bauer, Agents)

Re:

Staff case — First, annulment of the decision classifying the applicant, a successful candidate in a competition held for the purpose of drawing up a reserve list for the recruitment of administrators in Grade A7/A6, in Grade AD 6/2 and, second, an application for reclassification.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Rosenbaum to bear his costs and to pay those of the Commission of the European Communities;

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

(1) OJ C 64, 8.3.2008, p. 70.
EN Official Journal of the European Union C 252/49

Judgment of the Civil Service Tribunal (Second Chamber) of 14 April 2011 — Clarke and Others v OHIM

(Case F-82/08) (1)

(Staff case - Temporary staff - Article 8 CEOS - Clause terminating a contract if the agent is not included on the reserve list of a competition - OHIM/AD/02/07 and OHIM/AST/02/07 open competitions - Act adversely affecting an official - Principle of performance of contracts in good faith - Duty of care - Principle of sound administration - Language requirements - EPSO not competent - Directive 1999/70/EC - Fixed-term work)

2011/C 252/103

Language of the case: German

Parties

Applicants: Nicola Clarke and Others (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)

Re:

Application for, first, a declaration of the invalidity of the clauses in the applicants’ contracts which make provision for automatic termination of their contracts in the event that they are not included on the reserve list drawn up following the first open competition for their function group and, second, for a declaration that the open competitions OHIM/AD/02/07 and OHIM/AST/02/07 have no effect on the contracts of the applicants or for the annulment of those competitions. Further, application for damages for non-material damage caused to the applicants.

Operative part of the judgment

The Tribunal:

1. annuls the decision of the Director of the Human Resources Department of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 December 2007, and the OHIM decision of 7 March 2008, in so far as the latter decision rejected the respective applications by Mmes Clarke, Papathanasiou and Periañez-González that the termination clause in their temporary staff contracts not be applied in relation to the OHIM/AD/02/07 and OHIM/AST/02/07 competitions;

2. orders OHIM to pay to each of the applicants the sum of EUR 2 000 in damages;

3. dismisses the action as to the remainder;

4. orders OHIM to bear its own costs and to pay those of the applicants.

(1) OJ C 19, 24.1.2009, p. 38.
EN Official Journal of the European Union C 246/41

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

(Case F-17/08) (1)

(Civil service - Open competition - Non-inclusion on the reserve list - Evaluation of the oral test - Notice of Competition EPSO/AD/60/06 - Statement of reasons - Powers of the selection board - Assessment of candidates)

2010/C 246/70

Language of the case: Polish

Parties

Applicant: Andrzej Wybranowski (Warsaw, Poland) (represented by: Z. Wybranowski, lawyer)

Defendant: European Commission (represented by: J. Currall and K. Herrmann, Agents)

Re:

Amendment or annulment of the decision of the selection board in Competition EPSO/AD/60/06 AD5 not to include the applicant on the reserve list for that competition following the results of the oral test.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders Mr Wybranowski to pay the costs.

(1) OJ C 158 of 21.06.2008, p. 25.
EN Official Journal of the European Union C 221/60

Judgment of the Civil Service Tribunal (1st Chamber) of 9 June 2010 — Marcuccio v Commission

(Case F-56/09) (1)

(Staff cases - Officials - Action for damages - Access of the administration to an official’s lodgings - Respect for the home and private life)

2010/C 221/95

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, then by G. Cipressa and L. Mansullo, lawyers)

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s decision to reject the applicant’s application seeking, first, compensation for the harm allegedly suffered because agents of the Commission entered his lodgings in Luanda on 8 April 2002 and, secondly, the provision of copies of the photos taken at that time and the destruction of all documentation connected with that event.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay Mr Marcuccio EUR 5 000;

2. Annuls the European Commission’s decision of 11 September 2008, in so far as it rejected Mr Marcuccio’s application of 24 April 2008 that he be sent photographs, that photographs be destroyed and that he be provided with information relating to the destruction of the photographs;

3. Dismisses the rest of the claims in the application;

4. Orders the European Commission, in addition to bearing its own costs, to pay one quarter of Mr Marcuccio’s costs;

5. Orders Mr Marcuccio to pay three quarters of his own costs.

(1) OJ C 205, 29.8.2009, p. 48.
EN Official Journal of the European Union C 13/37

Judgment of the Civil Service Tribunal (First Chamber) of 12 October 2010 — Wendler v Commission

(Case F-49/09) (1)

(Staff case - Officials - Retirement pension - Payment of pension - Obligation to open a bank account in country of residence - Freedom to provide services - Plea involving a matter of public policy - Principle of equal treatment)

2011/C 13/72

Language of the case: German

Parties

Applicant: Eberhard Wendler (Laveno Mombello, Italy) (represented by: M. Müller-Trawinski, lawyer)

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

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, agents)

Re:

Annulment of the Commission’s request that the applicant designate a bank account in his country of residence for his pension payments.

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Wendler’s action;

2. Orders Mr Wendler to bear his own costs and to pay the costs of the European Commission;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 167 of 18.07.2009, p. 27.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 29 June 2010 — Martin v European Police Office (Europol)

(Case F-38/09) (1)

(Staff case - Europol employees - Non-renewal of a contract - Contract of indefinite duration - Article 6 of the Staff Regulations applicable to Europol employees - Principle of respect for the rights of the defence)

(2010/C 288/130)

Language of the case: Dutch

Parties

Applicant: Breige Martin (Dublin, Ireland) (represented initially by P. de Casparis, lawyer, then by W. J. Dammingh and N. D. Dane, lawyers)

Defendant: European Police Office (Europol) (represented by D. Neumann and D. El Khoury, agents, and by B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer her a permanent post, and the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Operative part of the judgment

The Tribunal:

1. annuls the decision of 12 June 2008 by which the European Police Office (Europol) refused to offer to Ms Martin a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 167, of 18.07.09., p 26
EN Official Journal of the European Union C 232/39

Judgment of the Civil Service Tribunal (First Chamber) of 7 June 2011 — Emmanuel Larue and Olivier Seigneur v European Central Bank

(Case F-84/09) (1)

(Staff case - Staff of the ECB - Pay - General adjustment to salaries - Disregard of the method of calculation)

2011/C 232/67

Language of the case: French

Parties

Applicant: Emmanuel Larue and Olivier Seigneur (Frankfurt-am-Main, Germany) (represented by L. Levi, lawyer)

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

Re:

Application for annulment of pay-slips for January 2009.

Operative part of the judgment

The Tribunal:

1. Annuls Mr Larue and Mr Seigneur’s pay-slips for the month of January 2009;

2. Dismisses the remainder of the action;

3. Orders the European Central Bank to bear all the costs.

(1) OJ C 312 of 19.12.09, p. 44.
1.

Annuls the decision of the European Commission by which Ms Fares was classified at grade 8 of function group III for contractual agents, in so far as that decision follows from Ms Fares’ contract of employment as a member of the contract staff of 28 March 2008;
Judgment of the Civil Service Tribunal (1st Chamber) of 18 November 2014 — De Nicola v EIB

(Case F-59/09 RENV) (1)

(Civil Service - Referral back to the Tribunal after setting aside - EIB staff - Annual appraisal - Internal rules - Appeals procedure - Right to be heard - Infringement by the Appeals Committee - Unlawful nature of the decision of the Appeals Committee - Psychological harassment - No need to adjudicate on the claim for damages)

(2015/C 016/71)

Language of the case: Italian

Parties

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

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

Re:

First, application for annulment of the promotion decisions of 29 April 2008, which do not include the applicant’s name, and of the applicants appraisal in respect of 2007. Secondly, annulment of the decision of the Appeals Committee to remain seized notwithstanding a request to exclude a member of that committee. Lastly, application to establish that the applicant is the victim of psychological harassment and for an order that the defendant cease the harassment and pay damages for the material and non-material harm sustained.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Appeals Committee of the European Investment Bank of 14 November 2008;

2. Declares that there is no need to adjudicate on the claim for damages for the harm alleged as a result of psychological harassment;

3. Dismisses the action as to the remainder;

4. Declares that the European Investment Bank is to bear its own costs and orders it to pay those incurred by Mr De Nicola in Cases F-59/09, T-264/11 P and F-59/09 RENV.

(1) OJ C 205, 29/8/2009, p. 49.
EN Official Journal of the European Union C 340/36

Judgment of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Sarah Whitehead v European Central Bank

(Case F-98/09) (1)

(Civil service - Staff of the ECB - Annual salary and bonus review - 2008 review - Annual assessment - Criteria for assessment - Staff Committee consultation - Taking account of periods of sick leave - Setting of objectives)

2011/C 340/71

Language of the case: English

Parties

Applicant: Sarah Whitehead (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented: initially by F. Feyerbacher and G. Nuvoli, Agents and by B. Wägenbaur, lawyer, and subsequently by E. Carlini and G. Nuvoli, Agents and by B. Wägenbaur, lawyer)

Re:

First, annulment of the decision of the ECB awarding the applicant a salary increase of two points for the purpose of the Annual Salary and Bonus Review for the year 2008, and payment of the difference between the salary increase received and that to which the applicant claims she was entitled. Second, compensation for non-material loss suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Whitehead to bear her own costs and to pay those of the European Central Bank.

(1) OJ C 24, 30.1.10, p. 82.
EN Official Journal of the European Union C 362/22

Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 — Nastvogel v Council

(Case F-4/10) (1)

(Staff case - Staff reports - Opinion of the Reports Committee - Downgrading of analytical assessments - Dialogue between staff member and assessor - Consultation of the various superiors - Knowledge of staff member’s work by second assessor - Statement of reasons - Sick leave taken into account)

2011/C 362/36

Language of the case: French

Parties

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

Defendant: Council (represented by: M. Vitsentzatos and K. Zieleśkiewicz, acting as Agents)

Re:

Application for annulment of the decision establishing the applicant’s staff report for the period from 1 July 2006 to 31 December 2007.

Operative part of the judgment

The Tribunal:

1. Annuls Mrs Nastvogel’s staff report for the period from 1 July 2006 to 31 December 2007;

2. Orders the Council of the European Union to pay the costs.

(1) OJ C 63, 13.3.2010, p. 54.
EN Official Journal of the European Union C 232/40

Judgment of the Civil Service Tribunal (First Chamber) of 28 June 2011 — AS v Commission

(Case F-55/10) (1)

(Staff case - Officials - Notice of vacancy - Rejection of application - Legal interest in bringing proceedings - Official on invalidity - Decision to reject candidature not inseparable from decision to appoint - Distinction drawn between officials in the same function group and holding the same grade and at a different stage in their career)

2011/C 232/70

Language of the case: French

Parties

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

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

Re:

Application for annulment of the decision refusing to take into consideration the applicant’s application for a post as a library assistant and for an order for the Commission to pay her a sum as compensation for the material and non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 30 September 2009 by which the European Commission rejected AS’s application;;

2. Orders the European Commission to pay AS the sum of EUR 3 000;

3. Dismisses the remainder of the action;

4. Orders the European Commission to pay, in addition to its own costs, three quarters of AS’s costs;

5. Orders AS to pay a quarter of her own costs.

(1) OJ C 246, 11.9.2010, p. 43.
EN Official Journal of the European Union C 217/30

Judgment of the Civil Service Tribunal (Third Chamber) of 16 May 2012 — Skareby v Commission

(Case F-42/10) (1)

(Civil service - Duty to provide assistance - Articles 12a and 24 of the Staff Regulations - Psychological harassment by a hierarchical superior)

2012/C 217/62

Language of the case: English

Parties

Applicant: Carina Skareby (Louvain, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

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

Re:

Application for the annulment of the defendant’s decision refusing the request for assistance relating to psychological harassment of which the applicant claims to have been a victim.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Skareby to pay, in addition to her own costs, three quarters of the costs of the European Commission;

3. Orders the European Commission to pay one quarter of its own costs.

(1) OJ C 209, 31.7.2010, p. 55.
EN Official Journal of the European Union C 138/24

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — AJ v Commission

(Case F-80/10)

(Civil service - Officials - Promotion - Articles 43 and 45 of the Staff Regulations - Appraisal report - Manifest error of assessment - Statement of reasons)

2012/C 138/48

Language of the case: French

Parties

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

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

Re:

Application for annulment of the applicant’s appraisal report for the period from 1 January to 31 December 2008

Operative part of the judgment

The Tribunal:

1. Dismisses the action.
Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2013 — Andres and Others v ECB

(Case F-15/10) (1)

(Civil service - ECB staff - Reform of the insurance scheme - Freezing of the pension plan - Implementation of the pensions regime - Consultation of the supervisory committee - Consultation of the staff committee - Consultation of the General Council - Consultation of the Governing Council - Triennial assessment of the pension plan - Infringement of the conditions of employment - Manifest error of assessment - Principle of proportionality - Acquired rights - Principle of legal certainty and foreseeability - Duty to provide information)

(2014/C 71/55)

Language of the case: French

Parties

Applicants: Carlos Andres and Others (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: C. Kroppenstedt and F. Malfrère, Agents, and B. Wägenbaur, lawyer)

Re:

First, application to annul the applicants’ salary slips for June 2009, and all the subsequent salary slips and those to be issued in the future, in so far as those slips constitute the implementation of the reform of the pensions regime decided upon on 4 May 2009. Secondly, an application for compensation for the damage suffered by the applicants.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Andres and the 168 other applicants whose names are set out in the annex to bear their own costs and to pay the costs incurred by the European Central Bank.

(1) OJ C 134, 22.5.2010, p. 54.
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-51/10) (1)

(Staff cases - Officials - Recruitment - Vacancy notice - Act adversely affecting an official - Legal interest in bringing proceedings - Language requirements - Authority competent to adopt a vacancy notice - Bureau of the EESC)

2012/C 343/37

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. Lernhart, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

First, application for annulment of vacancy notice EESC No 43/09 seeking to fill the post of Director of the Directorate of General Affairs and of all the decisions taken on the basis of that vacancy notice. Secondly, application to order the defendant to pay the applicant an amount in respect of damages.

Operative part of the judgment

The Tribunal:

1. annuls vacancy notice No 43/09 published with a view to filling the post of Director of the Directorate of General Affairs of the European Economic and Social Committee;

2. dismisses the action as to the remainder;

3. orders the European Economic and Social Committee to bear its own costs and to pay those incurred by Mr Bermejo Garde.

(1) OJ C 246, 11.9.2010, p. 42.
EN Official Journal of the European Union C 46/27

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

(Joined Cases F-7/11 and F-60/11) (1)

(Civil service - ECB Staff - Disciplinary proceedings - Suspension of a staff member without reduction of his basic salary - Withdrawal of a decision - Rights of the defence - Access to the file - Statement of reasons - Reasons for a decision - Allegation of breach of professional duties - Serious misconduct)

2013/C 46/51

Language of the case: English

Parties

Applicant: AX (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: in Case F-7/11 by P. Embley and E. Carlini, Agents, assisted by B. Wägenbaur, lawyer and in Case F-60/11, by P. Embley and M. López Torres, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Civil service — Application for annulment of the defendant’s decision suspending the applicant with effect from 5 August 2010 and compensation for non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the actions in Cases F-7/11 and F-60/11;

2. Declares that AX must bear his own costs and orders him to pay the costs incurred by the European Central Bank.

(1) OJ C 152, 21.5.2011, p. 33 and OJ C 211, 16.7.2011, p. 35.
EN Official Journal of the European Union C 46/29

Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 — BG v European Ombudsman

(Case F-54/11) (1)

(Civil service - Disciplinary measure - Disciplinary sanction - Removal from post - Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post - Equal treatment for men and women - Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave)

2013/C 46/55

Language of the case: French

Parties

Applicant: BG (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Ombudsman (represented by: J. Sant’Anna, Agent, D. Waelbroeck and A. Duron, lawyers)

Re:

Civil service — Application for annulment of the decision to apply to the applicant the disciplinary measure of dismissal without loss of pension rights. Consequently, a claim, primarily, to restore the applicant to her post and, in the alternative, to grant her a sum corresponding to the remuneration which she would have received between the date of effect of the dismissal and the date at which she will reach retirement age. In any event, the grant of a sum to the applicant in respect of the non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action brought by BG;

2. Orders BG to bear her own costs and to pay the costs incurred by the European Ombudsman.

(1) OJ C 204, 9.7.2011, p. 30.