ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 213/44

Judgment of the Civil Service Tribunal (First Chamber) of 19 May 2015 — Brune v Commission

(Case F-59/14) (1)

((Civil Service - Open competition EPSO/AD/26/05 - Non-inclusion on the reserve list - Annulment by the General Court - Article 266 TFEU - Organisation of another oral test - Refusal by the candidate to participate - New decision not to include the candidate on the reserve list - Action for annulment - Dismissal - Judgment of the General Court upheld on appeal - Later application for compensation - Observance of reasonable time-limit))

(2015/C 213/72)

Language of the case: German

Parties

Applicant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents, B. Wägenbaur, lawyer)

Re:

Claim for damages to compensate the alleged loss of an opportunity to be recruited to a position in the EU, based on the judgment in Case F-5/08.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay Mr Brune, on account of the non-pecuniary loss incurred between 6 March 2007 and 4 February 2011, the sum of EUR 4 000, plus default interest from 17 April 2013 at a rate applied by the European Central Bank for main refinancing operations over the period concerned and increased by two points;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and 50 % of the costs incurred by Mr Brune;

4. Orders Mr Brune to bear 50 % of his own costs.

(1) OJ C 431, 1.12.2014, p. 48.
EN Official Journal of the European Union C 48/92

Judgment of the Civil Service Tribunal (First Chamber) of 17 December 2015 — Bowles v ECB

(Case F-94/14) (1)

((Civil service - ECB staff - Members of the Staff Committee - Remuneration - Salary - Additional increase in salary - Eligibility))

(2016/C 048/103)

Language of the case: French

Parties

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

Defendant: European Central Bank (represented by: E. Carlini, S. Camilleri and M. López Torres, acting as Agents, B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision of the Executive Board of the ECB not to grant the applicant an additional salary increase, in the context of the annual revision of salaries and bonuses for 2014.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of the Executive Board of the European Central Bank of 25 February 2014 not to grant an additional salary increase for 2014 to Mr Bowles;

2) Dismisses the action as to the remainder;

3) The European Central Bank shall bear its own costs and pay those incurred by Mr Bowles.

(1) OJ C 7, 12/1/2015, p. 49.
EN Official Journal of the European Union C 381/63

Judgment of the Civil Service Tribunal (1st Chamber) of 6 October 2015 — FE v Commission

(Case F-119/14) (1)

((Civil service - Recruitment - Open competition - Inclusion on the reserve list - Decision of the appointing authority not to recruit a successful candidate - Respective jurisdictions of the selection board and of the appointing authority - Eligibility criteria for the competition - Minimum period of professional experience required - Methods of calculation - Manifest error of assessment by the selection board - None - Loss of an opportunity to be recruited - Compensation))

(2015/C 381/89)

Language of the case: French

Parties

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

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

Re:

Application for annulment of the Commission’s decision ending the procedure initiated with a view to appointing the applicant — included on a reserve list for a competition — as an official, after informing him that the DG concerned had given its approval for his engagement, and finally finding that he had insufficient professional experience.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 17 December 2013 by which the European Commission refused to recruit FE;

2. Orders the European Commission to pay FE the sum of EUR 10 000;

3. Dismisses the action as to the remainder;

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

(1) OJ C 7, 12.1.2015, p. 56.
EN Official Journal of the European Union C 48/96

Judgment of the Civil Service Tribunal (Single Chamber) of 10 December 2015 — Jäger-Waldau v Commission

(Case F-17/15) (1)

((Civil service - Officials - Appraisal - Appraisal report - Request for amendment - Refusal))

(2016/C 048/109)

Language of the case: English

Parties

Applicant: Arnulf Jäger-Waldau (Laveno, Italy) (represented by: D. Fouquet, lawyer)

Defendant: European Commission (represented: initially by J. Currall and G. Berscheid, acting as Agents, and subsequently by G. Berscheid, acting as Agent)

Re:

Annulment of the Appointing Authority’s decision not to amend the applicant’s 2013 appraisal report.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Declares that Mr Jäger-Waldau shall bear his own costs and orders him to pay the costs incurred by the European Commission.

(1) OJ C 127, 20.4.2015, p. 40.
Judgment of the Civil Service Tribunal (First Chamber) of 28 April 2016 — FY v Council

(Case F-76/15) (1)

((Civil service - Social security - Joint Sickness Insurance Scheme - Reimbursement of medical expenses - Reimbursement rate - Recognition of a serious illness - Criteria - Article 72 of the Staff Regulations and the General Implementing Provisions for the reimbursement of medical expenses))

(2016/C 222/47)

Language of the case: French

Parties

Applicant: FY (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents)

Re:

Application for annulment of the decision of the Brussels Settlements Office rejecting the application for extension of the recognition of the illness suffered by the applicant’s son as a serious illness and for the medical expenses connected therewith to be reimbursed at 100 %.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of 8 April 2014 of the Brussels (Belgium) Settlements Office for the Joint Sickness Insurance Scheme rejecting the application for extension of the recognition, as a serious illness, of the illness suffered by FY’s son;

2) Orders the Council of the European Union to bear its own costs and is ordered to pay the costs incurred by FY.

(1) OJ C 245, 27/7/2015, p. 51.
EN Official Journal of the European Union C 136/47

Judgment of the Civil Service Tribunal (Third Chamber) of 2 March 2016 — FX v Commission

(Case F-59/15) (1)

((Civil service - Temporary staff - Severance grant - Article 12(2) of Annex VIII to the Staff Regulations - Termination of service))

(2016/C 136/66)

Language of the case: French

Parties

Applicant: FX (represented by: T. Bontinck and A. Guillerme, lawyers)

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

Re:

Application for annulment of the decision not to pay the severance grant requested by the applicant following the termination of his service, and a claim for compensation for the damage the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders FX to bear two thirds of his own costs;

3. Orders the European Commission to bear its own costs and to pay one third of the costs incurred by FX.

(1) OJ C 213, 29.6.2015, p. 48.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — AV v Commission

(Case F-91/15) (1)

((Civil Service - Member of the temporary staff - Appointment - Medical examination preceding appointment - Incomplete declarations at the medical examination - Medical reservation - Retroactive application of the medical reservation - Not eligible for the invalidity allowance - Annulment - Execution of a judgment of the General Court))

(2016/C 364/37)

Language of the case: French

Parties

Applicant: AV (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser, T. S. Bohr and C. Ehrbar, agents)

Re:

Annulment of the Commission’s decision to apply the medical reservation clause in Article 32 of the CEOS, in so far as it does not give the applicant the invalidity allowance and compensation in respect of the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 16 September 2014 by which the European Commission applied the medical reservation referred to in Article 32 of the Conditions of Employment of Other Servants of the European Union to AV;

2. Orders the European Commission to pay AV the sum of EUR 2 000 in compensation for the non-material harm suffered by him;

3. Dismisses the remainder of the action;

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

(1) OJ C 406, 7.12.2015, p. 46.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — De Nicola v EIB

(Case F-82/15) (1)

((Civil Service - EIB staff - Sickness insurance - Refusal of reimbursement of medical expenses - Laser therapy - No scientific validity of the treatment - Rules governing designation of an independent doctor - Competent medical association - Opinion of the independent doctor - Scope of the judicial review - Grounds of refusal of reimbursement - Internal provisions on sickness insurance - Objective of the laser therapy - Palliative effects on pain - Prior authorisation of the medical officer - Material harm - Premature conclusions - Non-pecuniary harm - Amount not stated - Inadmissibility))

(2016/C 364/36)

Language of the case: Italian

Parties

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented initially by: L. Isola and G. Isola, lawyers, and subsequently by: G. Ferabecoli, lawyer)

Defendant: European Investment Bank (represented initially by: G. Nuvoli and J.-P. Minnaert, acting as Agents, and A. Dal Ferro, lawyer, and subsequently by: G. Faedo and G. Nuvoli, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Annulment, firstly, of the decision not to reimburse the expenses incurred by the applicant for laser treatment undergone in 2007 and, secondly, of the consecutive and connected decisions taken by the bank in 2014.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Investment Bank of 4 December 2014, by which it refused to reimburse Mr Carlo De Nicola for the costs of FP3 laser therapy;

2. Dismisses the remainder of the action;

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

(1) OJ C 279, 24.8.2015, p. 59.
EN Official Journal of the European Union C 282/67

Order of the Civil Service Tribunal of 29 September 2009 — D v Commission

(Case F-18/05 RENV) (1)

2009/C 282/128

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 155, 25.6.2005, p. 25.
EN Official Journal of the European Union C 223/63

Order of the Civil Service Tribunal of 13 February 2008 — Ghem v Commission

(Case F-62/05) (1)

(2008/C 223/121)

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 229, 17.9.2008, p. 31 (initial judgment by the Court of First Instance of the European Communities in Case T-270/05 and transferred to the Civil Service Tribunal of the European Union by Order of 15 December 2005).
EN Official Journal of the European Union C 317/50

Order of the Civil Service Tribunal of 16 September 2010 — Avendano and Others v Commission

(Case F-45/06) (1)

()

2010/C 317/92

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 143, 17.6.2006, p. 39.
EN Official Journal of the European Union C 223/61

Order of the Civil Service Tribunal of 5 June 2008 — Timmer v Court of Auditors

(Case F-123/06) (1)

(Staff - Officials - Assessment - Time-limit for lodging a complaint - New fact - Inadmissibility)

(2008/C 223/114)

Language of the case: French

Parties

Applicant: Marianne Timmer (Saint-Sauves-d'Auvergne, France) (represented by: F. Rollinger, lawyer)

Defendant: Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Stenier and G. Corstens, acting as Agents)

Re:

Firstly, annulment of all the applicant's staff reports drawn up by M.L. and the connected and/or subsequent decisions, including that appointing M L. and, secondly, an application for damages.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Each party shall bear its own costs.

(1) OJ C 326, 30.12.2006, p. 84.
EN Official Journal of the European Union C 183/31

Order of the Civil Service Tribunal (First Chamber) of 22 May 2008 — Daskalakis v Commission

(Case F-107/07) (1)

(Civil service - Officials - Remuneration - Article 7(2) of the Staff Regulations - Interim allowance - Inadmissible)

(2008/C 183/62)

Language of the case: English

Parties

Applicant: Constantin Daskalakis (Brussels, Belgium) (represented by: S.A. Pappas, Advocate)

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

Re:

Annulment of the decision to limit to one year the period during which the applicant, an official called upon to occupy, on a temporary basis, a post of head of unit, may benefit from the differential allowance provided for by Article 7(2) of the Staff Regulations.

Operative part of the order

1. The action is dismissed as inadmissible.

2. The parties shall bear their own costs.

(1) OJ C 315, 22.12.2007, p. 46.
EN Official Journal of the European Union C 64/71

Order of the Civil Service Tribunal (First Chamber) of 23 January 2008 — De Fays v Commission

(Case F-123/07)

(2008/C 64/119)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.
EN Official Journal of the European Union C 340/40

Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Dittert v Commission

(Case F-82/07) (1)

(Staff Cases - Officials - Promotion - 2006 promotion year - New career structures - Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations - Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 - Principle of equal treatment - Retroactive effect of promotion decisions to a date prior to 1 May 2004 - Transitional measures - Action which must manifestly be dismissed)

2011/C 340/81

Language of the case: French

Parties

Applicant: Daniel Dittert (Luxembourg, Luxembourg) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: G. Berscheid and K. Herrmann, Agents)

Intervener in support of the defendant: Council of the European Union (represented initially by M. Arpio Santacruz and I. Šulce, later by: M. Bauer, J. Monteiro and K. Zieleśkiewicz, Agents)

Re:

Annulment of the Commission’s decision of 23 April 2007 to promote the applicant to grade AD 9 and not AD 10.

Operative part of the order

1. The action is dismissed.

2. Mr Dittert and the European Commission are ordered to bear their own costs.

3. The Council of the European Union, which intervened, is ordered to bear its own costs.

(1) OJ C 235 of 6.10.07, p. 32.
EN Official Journal of the European Union C 102/40

Order of the Civil Service Tribunal (Third Chamber) of 12 November 2008 — Domínguez González v Commission

(Case F-88/07) (1)

(Staff case - Technical assistant - Plea of lack of jurisdiction - Plea of inadmissibility - Lack of jurisdiction of the Tribunal)

2009/C 102/59

Language of the case: Spanish

Parties

Applicant: Juan Luís Domínguez González (Gerona, Spain) (represented by: R. Nicolazzi Angelats initially, then by R. Nicolazzi Angelats and M.-C. Oller Gil, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and L. Lozano Palacios, Agents)

Re:

Application for compensation for the loss allegedly suffered by the applicant because of the termination of his employment contract with ECHO following the result of the medical check up.

Operative part of the order

1. The Tribunal does not have jurisdiction as regards the action.

2. The parties are to bear their own costs.

(1) OJ C 37, 9.2.2008, p. 34
EN Official Journal of the European Union C 44/74

Order of the Civil Service Tribunal (Second Chamber) of 18 December 2008 — Nijs v European Court of Auditors

(Case F-64/08) (1)

(Staff case - Officials - Article 35(1(e) of the Rules of Procedure - Summary statement in application of pleas in law - Staff reporting procedure - Designation of reporting officer and countersigning officer - No act adversely affecting the applicant - Manifestly inadmissible)

(2009/C 44/130)

Language of the case: French

Parties

Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger and A. Hertzog, lawyers)

Defendant: European Court of Auditors (represented by: T. Kennedy, J.-M Stenier and G. Corstens, agents)

Re:

Annulment of the decision of the European Court of Auditors designating the applicant's reporting officer and countersigning officer and application for compensation for damage suffered as a result of that decision

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Nijs is ordered to pay the costs.

(1) OJ C 247 of 27.9.2008, p. 25.
EN Official Journal of the European Union C 138/39

Order of the Civil Service Tribunal of 4 April 2011 — Behmer v Parliament

(Case F-76/08) (1)

2012/C 138/92

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 285, 8.11.2008, p. 56.
EN Official Journal of the European Union C 233/22

Order of the Civil Service Tribunal of 4 June 2009 — Locchi v Commission

(Case F-78/08) (1)

2009/C 233/45

Language of the case: French

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 301, 22.11.2008, p. 66.
EN Official Journal of the European Union C 138/39

Order of the Civil Service Tribunal of 13 February 2012 — Wagner-Leclercq v Council

(Case F-24/09) (1)

2012/C 138/93

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 113, 16.5.2009, p. 47.
EN Official Journal of the European Union C 24/78

Order of the Civil Service Tribunal (First Chamber) of 25 November 2009 — Soerensen Ferraresi v Commission

(Case F-5/09) (1)

(Staff cases - Officials - Action for damages - Admissibility - Complaint - Act causing adverse effect)

2010/C 24/148

Language of the case: Italian

Parties

Applicant: Ayo Soerensen Ferraresi (Milan, Italy) (represented by: C. Di Vuolo, lawyer)

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

Re:

Officials — Application for compensation for the damage suffered by the applicant as a result of the decision of 1 February 2003 to retire the applicant on the ground of invalidity.

Operative part of the order

1. The action is dismissed as manifestly inadmissible;

2. Ms Soerensen Ferraresi is ordered to pay the costs.

(1) OJ C 113, 16.05.2009, p. 45
EN Official Journal of the European Union C 160/28

Order of the Civil Service Tribunal (First Chamber) of 4 April 2011 — AO v Commission

(Case F-45/10) (1)

(Civil service - Officials - Disciplinary measure - Removal from post - Article 35(1)(d) and (2)(a) of the Rules of Procedure - Action, in part, clearly inadmissible and, in part, clearly unfounded)

2011/C 160/44

Language of the case: English

Parties

Applicant: AO (Brussels, Belgium) (represented by: M. Schober, lawyer)

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

Re:

Application, first, for annulment of decision CMS 07/046 of the Commission ordering the removal of the applicant from his post without reduction to his entitlement to a retirement pension with effect from 15 August 2009 and to annul all the decisions taken against the applicant between the period from September 2003 until his removal from his post and, second, for damages.

Operative part of the order

1. The action is dismissed as being, in part, clearly inadmissible and, in part, clearly unfounded.

2. The applicant shall pay all the costs.

(1) OJ C 221, 14.8.2010, p. 60.
EN Official Journal of the European Union C 30/68

Order of the Civil Service Tribunal of 28 September 2010 — De Roos-Le Large v Commission

(Cases F-39/10 and F-39/10 R)

()

2011/C 30/136

Language of the case: Dutch

The President of the Civil Service Tribunal of the European Union has ordered that the case be removed from the register.
EN Official Journal of the European Union C 252/54

Order of the Civil Service Tribunal (Third Chamber) of 16 June 2011 — Adriaens and Others v Commission

(Case F-87/10) (1)

(Staff cases - Annual adjustment of the remuneration and pensions of officials and other servants - No need to adjudicate)

2011/C 252/118

Language of the case: French

Parties

Applicants: Stéphane Adriaens (Evere, Belgium) and Others (represented by: M. Casado García-Hirschfeld, lawyer)

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

Re:

Application to annul the defendant’s decision, contained in the applicants’ pay slips, to limit their salary adjustment, with effect from July 2009, to an increase of 1.85 % in the context of the annual adjustment of remuneration and pensions of officials and other servants on the basis of Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Operative part of the order

1. There is no need to adjudicate on Case F-87/10 Adriaens and Others v Commission.

2. Each party is ordered to bear its own costs.

(1) OJ C 13, 15.01.2011, p. 40.
EN Official Journal of the European Union C 252/52

Order of the Civil Service Tribunal (Third Chamber) of 31 March 2011

Hecq v Commission

(Case F-10/10) (1)

(Staff case - Officials - Social security - Meeting of 100 % of medical costs - Implied rejection decision - No decision recognising the occupational origin of the illness - Limited power of the administration - Decision to reject the complaint - Decision not purely confirmatory - No complaint - Inadmissibility)

2011/C 252/112

Language of the case: French

Parties

Applicant: André Hecq (Chaumont-Gistoux, Belgium) (represented by: L. Vogel, lawyer)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents, assisted by J.-L. Fagnart, lawyer)

Subject-matter of the case

Application for annulment of the decision dismissing a claim for 100 % reimbursement of various medical costs.

Operative part of the order

1. The action is dismissed as in part clearly unfounded and in part clearly inadmissible.

2. Mr Hecq is ordered to pay the whole of the costs.

(1) OJ C 100, 17.4.2010, p. 70.
EN Official Journal of the European Union C 138/39

Order of the Civil Service Tribunal of 15 February 2011 — Capidis v Commission

(Case F-18/10) (1)

2012/C 138/94

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 134, 22.5.2010, p. 56.