ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 106/47

Judgment of the Civil Service Tribunal (First Chamber) of 5 February 2016 — GV v EEAS

(Case F-137/14) (1)

((Civil service - EEAS staff - Member of the contract staff - Contract for an indefinite period - Article 47(c) of the CEOS - Reasons for dismissal - Breakdown in the relationship of trust - Right to be heard - Article 41 of the Charter of Fundamental Rights of the European Union - Principle of sound administration - Material damage - Non-material damage))

(2016/C 106/57)

Language of the case: German

Parties

Applicant: GV (represented by: H. Tettenborn, lawyer)

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

Re:

Application for annulment of the decision of the EEAS terminating the applicant’s contract of employment for an indefinite period, and a claim for compensation for the material and non-material damage which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 29 January 2014 by which the Director of the ‘Human Resources’ Directorate of the European External Action Service, acting in his capacity as the authority authorised to conclude contracts of employment, decided to terminate GV’s employment contract with effect from 31 August 2014;

2. Orders the European External Action Service to pay GV the sum of EUR 5 000 by way of compensation for the non-material damage suffered;

3. Dismisses the action as to the remainder;

4. Orders the European External Action Service to bear its own costs and to bear the costs incurred by GV.

(1) OJ C 34, 2.2.2015, p. 54.
EN Official Journal of the European Union C 381/63

Judgment of the Civil Service Tribunal (Second Chamber) of 8 October 2015 — FT v ESMA

(Case F-39/14) (1)

((Civil service - Member of the temporary staff - Accounting Officer - Non-renewal of a fixed term contract - Competent authority - Manifest error of assessment - Burden of proof - Rule of correspondence between the application and the complaint))

(2015/C 381/88)

Language of the case: English

Parties

Applicant: FT (represented by: S. Pappas, lawyer)

Defendant: European Securities and Markets Authority (initially represented by R. Vasileva Hoff, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyers, and subsequently by R. Vasileva Hoff and A. Lorenzet, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision not to renew the applicant’s contract and for the award of damages in respect of the material loss allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that FT shall bear her own costs and orders her to pay the costs incurred by the European Securities and Markets Authority.

(1) OJ C 421, 24.11.2014, p. 58.
EN Official Journal of the European Union C 78/36

Judgment of the Civil Service Tribunal (Second Chamber) of 20 January 2016 — Proia v Commission

(Case F-61/15) (1)

((Civil Service - Member of contract staff - Remuneration - Expatriation allowance - Conditions laid down in Article 4(1)(a) of Annex VII to the Staff Regulations - Usual residence prior to the entry into service - Period of study followed by a traineeship and successive employment contracts in the State of employment - Presumed intention of the member of staff concerned to move the permanent centre of his interests from the start of his studies in the State of employment - Absence))

(2016/C 078/49)

Language of the case: French

Parties

Applicant: Alessandro Proia (Brussels, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: T.S. Bohr and F. Simonetti, acting as Agents)

Re:

Application for annulment of the decision of the Office for the Administration and Payment of Individual Entitlements of the Commission of 25 September 2014 refusing to grant the applicant the expatriation allowance.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 25 September 2014 refusing to grant Mr Proia the expatriation allowance under Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Union;

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

(1) OJ C 221, 6.7.2015, p. 27.
EN Official Journal of the European Union C 251/49

Judgment of the Civil Service Tribunal (Third Chamber) of 25 May 2016 — GW v Commission

(Case F-111/15) (1)

((Civil service - Officials - Social security - Reimbursement of medical expenses - Concrete and detailed examination))

(2016/C 251/55)

Language of the case: French

Parties

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

Defendant: European Commission (represented by: T. S. Bohr and F. Simonetti, acting as Agents)

Re:

Application for annulment of the Commission’s decision to refuse the applicant and his spouse reimbursement of the costs concerning three invoices for medical treatment and treatment relating to the cancer from which she is suffering.

Operative part of the judgment

The Tribunal:

1) Annuls the European Commission’s decision refusing to consider the costs in itemised accounts Nos 67 and 68 of 7 February 2014 and No 72 of 12 March 2014 relating to Mrs T’s healthcare to be reimbursable;

2) Orders the European Commission to bear its own costs and to pay the costs incurred by GW.

(1) OJ C 354 of 26/10/2015, p. 55.
EN Official Journal of the European Union C 156/55

Judgment of the Civil Service Tribunal (Second Chamber) of 18 March 2016 — Kerstens v Commission

(Case F-23/15) (1)

((Civil Service - Officials - Obligations - Acts contrary to the dignity of the civil service - Dissemination of insulting remarks with regard to another official - Article 12 of the Staff Regulations - Disciplinary procedure - Enquiry in the form of an examination of the facts - Reprimand - Article 9(1)(b) of Annex IX to the Staff Regulations - Consequences of the irregularity))

(2016/C 156/77)

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: T.S. Bohr and C. Ehrbar, acting as Agents)

Re:

Application for annulment of the decision to impose a disciplinary penalty in the form of a reprimand on the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 127, 20.4.2015, p. 42.
Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — Barroso Truta and Others v Court of Justice

(Case F-126/15) (1)

((Civil Service - Contractual agents - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Transfer to the European Union’s pension scheme of pension rights previously acquired under national schemes - AECC’s proposals to add years of pensionable service - Invitation to contact the administration for explanations and to discuss whether it would be appropriate to make transfers - Acceptance by the agents of the transfer of their national pension rights without prior consultation with the AECC - Definitive nature of the transfers - Subsequent discovery of the ‘minimum subsistence figure’ rule - Fourth paragraph of Article 77 of the Staff Regulations - Duty of diligence - Alleged insufficiency of the information provided by the AECC when putting forward the proposals to add years of pensionable service - Action for damages - Non-compliance with the requirements governing the pre-litigation stage - Inadmissibility))

(2016/C 364/44)

Language of the case: French

Parties

Applicants: Barroso Truta (Bofferdange, Luxembourg) and Others (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: Court of Justice of the European Union (represented by: J. Inghelram, agent)

Re:

Payment of compensation to the applicants for the material harm which they have incurred on account of the loss of their pension rights acquired in the national system following the transfer of those rights to the pension scheme of the European Union.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the Court of Justice of the European Union to bear its own costs and to pay the costs incurred by Mr José Barroso Truta, Mr Marc Forli, Mr Calogero Galante and Mr Bernard Gradel.

(1) OJ C 414, 14.12.2015, p. 42.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 21 July 2016 — Pinto Ferreira v Commission

(Case F-127/15) (1)

((Civil service - Officials - Disciplinary measure - Article 9(2) of Annex IX to the Staff Regulations - Withholding an amount from the pension - Outside activity without permission - No request for prior permission))

(2016/C 364/45)

Language of the case: French

Parties

Applicant: António Gaspar Pinto Ferreira (Brussels, Belgium) (represented by: C.W. Godfrey, C. Antoine and M. Gomes Lopes, lawyers)

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

Re:

Application for annulment of the Commission’s decision imposing the disciplinary measure of withholding EUR 185 from the applicant’s pension for a 12-month period and taking effect on the date on which he is to retire, on account of the exercise of an outside activity without permission.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 16 December 2014 whereby the appointing authority of the European Commission imposed on Mr António Gaspar Pinto Ferreira the measure provided for in Article 9(2) of Annex IX to the Staff Regulations of Officials of the European Union;

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

(1) OJ C 414, 14/12/2015, p. 43.
EN Official Journal of the European Union C 24/77

Order of the Civil Service Tribunal (Third Chamber) of 18 November 2009 — Chassagne v Commission

(Case F-11/05 RENV) (1)

(Civil service - Referral back to the Tribunal after setting aside - No need to adjudicate)

2010/C 24/145

Language of the case: French

Parties

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by: T. Bontinck, lawyer)

Defendant: Commission of the European Communities (represented initially by: G. Berscheid and V. Joris, acting as Agents, and by F. Longfils, lawyer, and subsequently by: J. Currall and G. Berscheid, acting as Agents, and by J.-L. Fagnart, lawyer)

Re:

First, annulment of the Commission’s decision refusing to apply to the applicant, who is a native of a French Overseas Department, during the transitional period the provisions in force prior to 1 May 2004 on the detailed rules for the reimbursement of travel expenses applicable to officials whose place of employment and place of origin is in Europe and, secondly, an application for damages — Case T-253/06 P referred back after appeal

Operative part of the order

1. There is no need to adjudicate in Case F-11/05 RENV Chassagne v Commission and the case shall be removed from the register.

2. The Commission of the European Communities is ordered to pay the costs incurred by the applicant until delivery of the judgment of the Court of First Instance of 19 September 2008. After delivery of that judgment, each party shall bear its own costs.

(1) OJ C 115, 14.5.2005, p. 36.
EN Official Journal of the European Union C 301/67

Order of the Civil Service Tribunal of 4 September 2008 — Ehrhardt v Parliament

(Case F-54/05) (1)

(2008/C 301/130)

Language of the case: French

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

(1) OJ C 229, 17.9.2005, p. 29.
EN Official Journal of the European Union C 13/44

Order of the Civil Service Tribunal of 18 November 2010 — Vereecken v Commission

(Case F-17/06) (1)

()

2011/C 13/89

Language of the case: French

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

(1) OJ C 96, 22.4.2006, p. 39.
EN Official Journal of the European Union C 301/67

Order of the Civil Service Tribunal of 23 September 2008 — Abba and Others v Parliament

(Case F-15/06) (1)

(2008/C 301/134)

Language of the case: French

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

(1) OJ C 96, 22.4.2006, p. 37.
EN Official Journal of the European Union C 209/72

Order of the Civil Service Tribunal (Second Chamber) of 10 June 2008 — Baudelet-Leclaire v Commission

(Case F-40/07) (1)

(Staff cases - Open competition - Failure to include candidate's name on the reserve list - Equal treatment)

(2008/C 209/132)

Language of the case: French

Parties

Applicant: Cécile Baudelet-Leclaire (Brussels, Belgium) (represented by: M. Korving, lawyer)

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

Re:

Application for annulment of competition EPSO/AST/7/05 — Field 2 — Project/Contract management on the grounds of the alleged discrimination between internal candidates from the Community institutions and external candidates

Operative part of the order

1. The action is dismissed as manifestly unfounded.

2. The parties are to bear their own costs.

(1) OJ C 129, 9.6.2007, p. 28
EN Official Journal of the European Union C 64/64

Order of the Civil Service Tribunal (Second Chamber) of 12 December 2007 — Kerelov v Commission

(Case F-111/07)

(Officials - Manifest inadmissibility - Article 44(1)(c) of the Rules of Procedure of the Court of First Instance)

(2008/C 64/106)

Language of the case: French

Parties

Applicant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by: A. Kerelov, lawyer)

Defendant: Commission of the European Communities

Re:

Application for the annulment of EPSO's decision of 14 December 2006 not to ask the applicant to fill out an application form with a view to his possible admission to a competition and for compensation for the damage he has suffered.

Operative part of the order

1. The application is dismissed as manifestly inadmissible.
EN Official Journal of the European Union C 340/39

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

(Case F-75/07) (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 340/80

Language of the case: French

Parties

Applicants: Colin Brown (Brussels, Belgium) and Alberto Volpato (Moscow, Russia) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: J. Currall and G. Berscheid, 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 decision published in Administrative Notices No 55 2006 of 17 November 2006 inasmuch as it provided for the promotion of the applicants to grade A*9, and not to grade A*10, in the 2006 promotion year.

Operative part of the order

1. The action is dismissed.

2. Mr Brown and Mr Volpato, 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. 30.
EN Official Journal of the European Union C 282/64

Order of the Civil Service Tribunal (First Chamber) of 7 October 2009 — Marcuccio v Commission

(Case F-122/07) (1)

(Staff case - Officials - Request for investigation - Refusal of an institution to translate a decision into the language chosen by the applicant - Manifest inadmissibility - Application manifestly lacking any foundation in law)

2009/C 282/121

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

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

Re:

Annulment of the Commission’s decision not to grant the applicant’s request that an investigation be carried out in relation to certain events which occurred during the period when the applicant was assigned to its delegation in Angola — Request that findings of investigation be communicated — Annulment of decision not to translate a note into the language chosen by the applicant — Application for damages.

Operative part of the order

The Tribunal:

1. dismisses Mr Marcuccio’s action as being, in part, manifestly inadmissible and in part, as lacking any foundation in law.

2. orders Mr Marcuccio to pay the costs.

(1) OJ C 64 of 08.03.2008, p. 65
EN Official Journal of the European Union C 44/78

Order of the Civil Service Tribunal of 18 December 2008 — X v Parliament

(Case F-14/08) (1)

(2009/C 44/141)

Language of the case: Greek

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

(1) OJ C 142, 7.6.2008, p. 39.
EN Official Journal of the European Union C 123/28

Order of the Civil Service Tribunal (2nd Chamber) of 14 March 2013 — Christoph and Others v Commission

(Case F-63/08) (1)

(Civil Service - Non-permanent staff - Articles 2, 3a and 3b of the Conditions of employment of other servants (COS) - Temporary staff - Contractual staff - Auxiliary contractual staff - Duration of contract - Article 8 and 88 of the COS - Decision of the Commission of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services - Directive 1999/70/EC - Applicability to the institutions)

2013/C 123/50

Language of the case: French

Parties

Applicants: Eugen Christoph and Others (Leggiuno, Italy) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Commission (represented by: J. Curral and D. Martin, Agents)

Intervener in support of the defendant: Council of the European Union (represented: initially by M. Bauer and K. Zieleśkiewicz, Agents, and subsequently by M. Bauer and J. Hermann, Agents)

Re:

Annulment of the decisions fixing the conditions of employment of the applicants in so far as the duration of their contract or the extension thereof is limited to a fixed period

Operative part of the order

1. The action is dismissed as manifestly lacking any legal foundation.

2. The applicants shall bear their own costs and are ordered to pay the costs incurred by the European Commission.

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

(1) OJ C 247, 27.9.2008, p. 25.
EN Official Journal of the European Union C 282/65

Order of the Civil Service Tribunal (First Chamber) of 4 June 2009 — De Britto Patricio-Dias v Commission of the European Communities

(Case F-56/08) (1)

(Staff case - Officials - Joint Sickness Insurance Scheme - Primary cover for dependent children by the Joint Sickness Insurance Scheme - Lack of complaint - Manifest inadmissibility)

2009/C 282/123

Language of the case: French

Parties

Applicant: De Britto Patricio-Dias (Brussels, Belgium) (represented by: L. Massaux, lawyer)

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

Re:

Annulment of the appointing authority’s decision to reject the applicant’s request that his children be entitled to primary insurance cover

Operative part of the order

1. The action brought by Mr de Britto Patricio-Dias is dismissed as being manifestly inadmissible.

2. Mr de Britto Patricio-Dias is ordered to pay the costs.

(1) OJ C 209 of 15.08.08, p. 74.
1.

There is no longer any need to adjudicate on the application for taxation of costs in Case F 60/09 DEP, Birkhoff v Commission.
EN Official Journal of the European Union C 209/57

Order of the Civil Service Tribunal (Second Chamber) of 15 June 2010 — Petrilli v Commission

(Case F-51/09) (1)

()

2010/C 209/92

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register, following amicable settlement.

(1) OJ C 205, 29.8.2009, p. 48.
EN Official Journal of the European Union C 232/42

Order of the Civil Service Tribunal (First Chamber) of 29 June 2011 — Schuerewegen v Parliament

(Case F-125/10) (1)

(Staff case - Officials - Measure removing the applicant from his place of work - Withdrawal of his staff card - Withdrawal of his rights of access to the IT network - Prior complaint - Sent by electronic means - Administration actually aware of it - Out of time - Manifest inadmissibility)

2011/C 232/77

Language of the case: French

Parties

Applicant: Daniel Schuerewegen (Marienthal, Luxembourg) (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: Parliament (represented by: O. Caisou-Rousseau and E. Despotopoulou, Agents)

Re:

Application for annulment of the appointing authority’s decision by which the applicant was removed from his place of work and his staff card withdrawn, and also of the measures taken as a result of that decision and a claim for damages

Operative part of the order

The Tribunal

1. Dismisses the action as manifestly inadmissible;.

2. Orders Mr Schuerewegen to pay all the costs.

(1) OJ C 30 of 29/1/11, p. 68.
EN Official Journal of the European Union C 30/69

Order of the Civil Service Tribunal of 24 November 2010 — Lebedef v Commission

(Case F-44/10) (1)

()

2011/C 30/137

Language of the case: French

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

(1) OJ C 209, 31.7.2010, p. 56.
EN Official Journal of the European Union C 252/58

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

(Case F-97/10) (1)

2011/C 252/131

Language of the case: French

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

(1) OJ C 13, 15.1.2011, p 41.
EN Official Journal of the European Union C 252/57

Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Hidalgo v Parliament

(Case F-70/10) (1)

2011/C 252/129

Language of the case: French

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

(1) OJ C 288, 23.10.2010, p. 75.
EN Official Journal of the European Union C 379/37

Order of the Civil Service Tribunal of 18 October 2012 — Verstreken v Council

(Case F-16/10) (1)

2012/C 379/64

Language of the case: French

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

(1) OJ C 134, 22.5.2010, p. 55.
EN Official Journal of the European Union C 138/40

Order of the Civil Service Tribunal of 10 February 2012 — Bömcke v EIB

(Case F-105/10) (1)

2012/C 138/99

Language of the case: French

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

(1) OJ C 30, 29.1.2011, p. 65.
EN Official Journal of the European Union C 252/58

Order of the Civil Service Tribunal (Third Chamber) of 17 June 2011 — Nieminen v Council

(Case F-8/11) (1)

2011/C 252/134

Language of the case: French

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

(1) OJ C 95, 26.3.2011, p. 14.
EN Official Journal of the European Union C 138/31

Order of the Civil Service Tribunal (Second Chamber) of 7 July 2011 — Galvan v Commission

(Case F-19/11)

(Civil Service - Person claiming the status of official or servant of the European Union - Action - Manifest inadmissibility - Failure to observe the pre-litigation procedure)

2012/C 138/69

Language of the case: Italian

Parties

Applicant: Mario Galvan (Besano, Italy) (represented by: S. Costantino, lawyer)

Defendant: European Commission

Re:

The applicant’s request to be granted the status of official or servant of the European Union.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.