ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 209/71

Judgment of the Civil Service Tribunal (Second Chamber) of 26 June 2008 — Joseph v Commission

(Case F-54/07) (1)

(Staff cases - Contract staff - Action out of time - Unforeseeable circumstances - Recruitment - Articles 3a, 3b and 85 of the CEOS - Duration of the contract - Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services - Article 12 of the GIP on the procedures governing the engagement and the use of contract staff at the Commission - Equal treatment)

(2008/C 209/130)

Language of the case: French

Parties

Applicant: Anne Joseph (Damascus, Syria) (represented by: N. Lhoëst and S. Fernandez, lawyers)

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

Re:

Application for annulment of the contract employing the applicant as a member of the contract staff, in so far as its duration is not fixed at 3 years but at 15 months, on the basis, first, of the Commission decision of 28 April 2004 relating to the maximum duration for the recourse to non-permanent staff in the Commission services and, secondly, on Article 12 of the General Implementing Provisions on the procedures governing the engagement and the use of the contract staff at the Commission.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 199, 25.8.2008, p. 50.
EN Official Journal of the European Union C 193/34

Judgment of the Civil Service Tribunal (Third Chamber) of 6 May 2009 — Sergio v Commission

(Case F-137/07) (1)

(Staff case - Rights and obligations - Freedom of association - Protocol of Agreement between the Commission and the trade union or professional organisations - Individual decisions on secondment/release from service based on a protocol - Act adversely affecting an official - Locus standi - Official acting on his own account and not on the account of a trade union - Admissibility - Notification of the rejection of the complaint to the applicants’ lawyer - Starting point for the time-limit for bringing an action)

2009/C 193/56

Language of the case: French

Parties

Applicants: Giovanni Sergio (Brussels, Belgium) and Others (represented by: M. Lucas, lawyer)

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

Re:

First, annulment of the ‘Protocol of Agreement between the trade union or professional organisations and the Directorate General for Personnel and Administration (DG ADMIN)’ and the decisions of the appointing authority confirmed by the Protocol of 19 December 2006 and the decision of 14 November 2006 and, second, a claim for damages in the form of a symbolic EUR 1.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Sergio, Mr Blanchard, Mr Marquez-Garcia, Mr Scheuer and Mr Wurzler to pay the costs.

(1) OJ C 79, 29.3.2008, p. 37.
EN Official Journal of the European Union C 44/73

Judgment of the Civil Service Tribunal (First Chamber) of 9 December 2008 — Efstathopoulos v European Parliament

(Case F-144/07) (1)

(Staff case - Former members of the temporary staff - Regulation (EC, Euratom, ECSC) No 2689/95 - Termination of service allowance - Inclusion of a productivity bonus in the calculation of the amount of gross income received in the context of new duties)

(2009/C 44/128)

Language of the case: Greek

Parties

Applicant: Spyridon Efstathopoulos (Chalandri, Greece) (represented by: N. Korogiannakis and M. Michi, lawyers)

Defendant: European Parliament (represented by: A. Lukošiūtė and A. Troupiotis, Agents)

Re:

Annulment of the decision of the Parliament of 18 April 2007 leading to a reduction of the applicant's retirement pension and to the recovery of the overpayment

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 92, 12.4.2008, p. 50.
EN Official Journal of the European Union C 252/48

Judgment of the Civil Service Tribunal (Second Chamber) of 17 February 2011 — Strack v European Commission

(Case F-119/07) (1)

(Civil service - Officials - Mediation procedure - Act adversely affecting an official - Article 73 of the Staff Regulations - Consolidation - Provisional allowance)

2011/C 252/101

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

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

Re:

Annulment of several decisions of the Commission rejecting the applicant’s requests for the conduct of a mediation procedure, for immediate intervention, for the adoption of dispute resolution measures and for payment of an allowance pursuant to Article 19(4) of the Common Rules on insurance against the risk of accident and of occupational disease. Application for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 26 February 2007 refusing to pay Mr Strack a provisional allowance pursuant to Article 19(4) of the Common Rules.

2. Dismisses the remainder of the action.

3. Orders the Commission to pay half of the costs incurred by Mr Strack in addition to its own costs.

4. Orders Mr Strack to pay half of his own costs.

(1) OJ C 183, 19.07.2008, p. 32.
EN Official Journal of the European Union C 24/73

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Hau v Parliament

(Case F-125/07) (1)

(Staff case - Officials - Promotion - 2006 promotion exercise - Non-inclusion on the list of promoted officials - Comparative examination of the merits - Relevant threshold - Failure to take into account the fact that the official concerned was included in the reserve)

2010/C 24/133

Language of the case: French

Parties

Applicant: Armin Hau (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament (represented by: K. Zejdová and S. Seyr, acting as Agents)

Re:

First, annulment of the decision of the Appointing Authority to not promote the applicant to grade B*7 for the 2006 promotion exercise and second, an application for the Appointing Authority to produce the documents concerning the comparative examination of the merits for that promotion.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Parliament, published on 21 November 2006, to not include Mr Hau on the list of officials promoted from grade B*6 to grade B*7 for the 2006 promotion exercise;

2. Orders the European Parliament to pay the costs.

(1) OJ C 79, 29.3.2008, p. 37.
EN Official Journal of the European Union C 24/73

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Aparicio, Simon and Others v Commission

(Joined Cases F-20/08, F-34/08 and F-75/08) (1)

(Staff case - Contract staff - Recruitment - CAST 27/Relex selection procedure - Non-inclusion in the database - Neutralisation of questions - Verbal and numerical reasoning test - Equal treatment)

2010/C 24/135

Language of the case: French

Parties

Applicants: Jorge Aparicio (Antiguo Cuscatlan, El Salvador) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers) (Case F-20/08)

and

Anne Simon (Nouackhott, Mauritania) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E.Marchal, lawyers) (Case F-34/08)

and

Jorge Aparicio, (Antiguo Cuscatlan, El Salvador) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers) (Case F-75/08)

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

Re:

Annulment of the decision of EPSO not to include the applicants’ names on the list of successful candidates and in the database for the CAST 27/Relex recruitment procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the actions in F-20/08, F-34/08 and F-75/08;

2. Orders Mr Aparicio and the other applicants whose names are listed in the Annex under Nos 1 to 18 to pay the costs in Case F-20/08 and nineteen forty-sixths of the costs in Case F-75/08. Orders Ms Simon to pay the costs in Case F-34/08 and one forty-sixth of the costs in Case F-75/08. Orders the applicants whose names are listed in the Annex under Nos 19 to 40 and 42 to 46 to pay twenty-six forty-sixths of the costs in Case F-75/08.

(1) F-20/08: OJ C 92, 12.4.2008, p. 52.

F-34/08: OJ C 116, 9.5.2008, p. 36.

F-75/08: OJ C 285, 8.11.2008, p. 56.
EN Official Journal of the European Union C 282/64

Judgment of the Civil Service Tribunal (First Chamber) of 7 October 2009 — Pappas v Commission

(Case F-101/08) (1)

(Staff case - Officials - Pensions - Transfer to Community scheme of pension rights acquired before entry into service of the Communities - Withdrawal - Admissibility - Retirement in the interests of the service - Amount of pension)

2009/C 282/120

Language of the case: French

Parties

Applicant: Spyridon Pappas (Brussels, Belgium) (represented by: L. Barattini and G. Mavros, lawyers)

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

Re:

Annulment of the decision of the Office for administration and payment of individual rights determining the applicant’s retirement pension rights and of the calculation of the number of years of pensionable service to be taken into account to determine those rights.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders Mr Pappas to pay the costs.

(1) OJ C 44, of 21.02.2009, p. 77
EN Official Journal of the European Union C 462/33

Judgment of the Civil Service Tribunal (1st Chamber) of 11 November 2014 — Carlo De Nicola v EIB

(Case F-55/08 RENV) (1)

((Civil service - Referral back to the Tribunal after setting aside - EIB staff - Appraisal - Illegality of the decision of the Appeals Committee - No need to adjudicate on the application for compensation))

(2014/C 462/46)

Language of the case: Italian

Parties

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

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

Re:

First, application for partial annulment of a decision of the Appeals Committee concerning the applicant’s appraisal in respect of 2006 and, secondly, application to establish that the applicant is the victim of psychological harassment and for an order that the defendant must cease the activities constituting harassment and pay compensation for the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Appeals Committee of the European Investment Bank of 14 December 2007;

2. Declares that there is no need to adjudicate on the claim seeking annulment of the decision of 13 July 2007 not to promote the applicant, on the claim seeking annulment of the appraisal report in respect of 2006 and on the claim seeking compensation for the harm allegedly suffered as a result of the 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 the costs incurred by Mr De Nicola in Cases F-55/08, T-37/10 P and F-55/08 RENV.

(1) OJ C 209, 15/8/2008, p. 73.
EN Official Journal of the European Union C 13/36

Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Vicente Carajosa and Others v Commission

(Case F-77/08) (1)

(Civil service - Open competitions EPSO/AD/116/08 and EPSO/AD/117/08 in the field of fraud prevention - Exclusion of candidates in consequence of their results in the admission tests - Decision of the Appointing Authority - Failure to lodge a complaint - Inadmissibility of the action)

2011/C 13/68

Language of the case: French

Parties

Applicants: Isabel Vicente Carajosa and Others (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

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

Intervener in support of the applicant: Kingdom of Spain (represented by: F. Díez Moreno, acting as Agent)

Re:

Annulment of EPSO’s individual decisions not to admit the applicants to the tests in competitions EPSO/AD/116/08 and EPSO/AD/117/08.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the applicants to bear their own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Spain, intervener, to bear its own costs.

(1) OJ C 285 of 8.11.2008, p. 57.
EN Official Journal of the European Union C 274/32

Judgment of the Civil Service Tribunal (Third Chamber) of 1 July 2010 — Časta v Commission

(Case F-40/09) (1)

(Civil service - Open competition - Non-admission to the oral tests - Request for a review - Obligation to state reasons - Professional experience required - Late submission of a certificate - Principle of equal treatment - Action for annulment - Action for damages)

2010/C 274/49

Language of the case: Czech

Parties

Applicant: Radek Časta (Brussels, Belgium) (represented by: L. Tahotná, lawyer)

Defendant: European Commission (represented by: B. Eggers and M. L. Jelínek, acting as Agents.)

Re:

First, an application for annulment of EPSO’s decision not to admit the applicant to the oral tests in open competition EPSO/AD/107/07-LAW on account of the fact that the condition relating to 3 years’ experience in a senior management post was not met and secondly, an application for an order that the defendant pay the applicant a sum in respect of the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Ms Časta to bear all the costs.

(1) OJ C 153, 4.7.2009, p. 51
EN Official Journal of the European Union C 24/77

Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — de Britto Patrício-Dias v Commission

(Case F-16/09) (1)

(Staff case - Officials - Reports - Career Development Report - 2007 Assessment procedure - Infringement of Article 43 of the Staff Regulations - Statement of reasons - Manifest error of assessment - Assessment of productivity based on part of the reference period)

2010/C 24/144

Language of the case: French

Parties

Applicant: Jorge de Britto Patrício-Dias (Brussels, Belgium) (represented by: L. Massaux, lawyer)

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

Re:

Annulment of the decision to reject the applicant’s complaint against the decision concerning his assessment during the year 2007.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr de Britto Patrício-Dias to pay the costs.

(1) OJ C 90, 18.4.2009, p. 41.
EN Official Journal of the European Union C 317/48

Judgment of the Civil Service Tribunal (First Chamber) of 14 September 2010 — AE v Commission

(Case F-79/09)

(Civil Service - Officials - Social security - Occupational sickness and accident insurance - Article 73 of the Staff Regulations - Refusal to recognise the occupational origin of a disease - Hypersensitivity to electro-magnetic fields)

2010/C 317/84

Language of the case: French

Parties

Applicant: AE (Muchamiel, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

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

Re:

Action for annulment, first, of the decision of the appointing authority dated 15 December 2008, received on 16 January 2009, rejecting the applicant’s request that his medical condition be recognised as an occupational disease within the meaning of Article 73 of the Staff Regulations and, second, so far as necessary action for annulment of the decision of 11 June 2009 rejecting the applicant’s complaint. Claim for EUR 12 000 damages in compensation for non-material damage suffered

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay AE the sum of EUR 2 000;

2. Dismisses the remainder of the claims in the action;

3. Orders the European Commission to bear its own costs and pay a quarter of the applicant’s;
Official Journal of the European Union

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

(Case F-34/09) (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 288/126)

Language of the case: Dutch

Parties

Applicant: Rudolf Sluiter (Hillegom, Netherlands) (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 him 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 Mr Sluiter a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 167, of 18.07.09., p 25
EN Official Journal of the European Union C 38/19

Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Saracco v ECB

(Case F-66/09) (1)

(Civil service - ECB staff - Leave on personal grounds - Maximum duration - Refusal to extend)

2011/C 38/35

Language of the case: French

Parties

Applicant: Roberta Saracco (Arona, Italy) (represented by: F. Parrat, lawyer)

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

Re:

Annulment of the ECB’s decision refusing to extend the applicant’s leave on personal grounds.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Saracco to pay all the costs.

(1) OJ C 205, 29.8.2009, p. 51.
EN Official Journal of the European Union C 30/60

Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Marcuccio v Commission

(Case F-65/09) (1)

(Civil service - Officials - Social security - Sickness insurance - Serious illness - Objection of illegality concerning the criteria adopted by the medical council - Rejection of claims for reimbursement of medical expenses)

2011/C 30/114

Language of the case: Italian

Parties

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

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

Re:

Application for annulment of the decision refusing 100 % reimbursement of the applicant’s medical expenses.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders Mr Marcuccio to pay the costs in their entirety.

(1) OJ C 220, 12.9.2009, p. 43.
EN Official Journal of the European Union C 362/22

Judgment of the Civil Service Tribunal (Third Chamber) of 14 September 2011 — A v Commission

(Case F-12/09) (1)

(Staff case - Officials - Occupational disease - Relationship between the procedures under Articles 73 and 78 of the Staff Regulations - Provisional allowance - Reimbursement of medical costs - Access to the individual file)

2011/C 362/34

Language of the case: French

Parties

Applicant: A (P., France) (represented by: B. Cambier and A. Paternostre, lawyers)

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

Re:

Application that the Commission be declared liable for certain faults allegedly committed against the applicant in the context of the procedure under Article 73 of the Staff Regulations, and for the annulment of various decisions refusing to apply to the applicant the provisions of Article 73(2)(b) of the Staff Regulations, to communicate to him a series of documents forming part of his medical file and to reimburse him for certain medical costs — Application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 113, 16.5.2009, p. 45.
EN Official Journal of the European Union C 252/50

Judgment of the Civil Service Tribunal (3rd Chamber) of 13 April 2011 — Sukup v Commission

(Case F-73/09) (1)

(Civil service - Remuneration and allowances - Dependent child allowance - Education allowance - Retrospective award)

2011/C 252/108

Language of the case: French

Parties

Applicant: Viktor Sukup (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

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

Re:

Application for annulment of the decision of the European Commission’s Office for administration and payment of individual rights refusing to grant the applicant dependent child allowance or education allowance

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Sukup to pay all the costs.

(1) OJ C 267, of 07.11.2009, p. 84.
EN Official Journal of the European Union C 282/50

Judgment of the Civil Service Tribunal (First Chamber) of 20 July 2011 — Gozi v Commission

(Case F-116/10) (1)

(Staff case - Officials - Duty to provide assistance - Article 24 of the Staff Regulations - Reimbursement of lawyer’s fees incurred in legal proceedings before a national court)

2011/C 282/93

Language of the case: Italian

Parties

Applicant: Sandro Gozi (Rome, Italy) (represented by: G. Passalacqua, lawyer)

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

Re:

Annulment of the decision rejecting the request for reimbursement of the costs incurred by the applicant in criminal proceedings before a court of a Member State.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders Mr Gozi to pay all the costs.

(1) OJ C 55 of 19.02.11, p. 38.
EN Official Journal of the European Union C 30/63

Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Gheysens v Council

(Case F-8/10) (1)

(Public service - Auxiliary contract staff - Nonrenewal of contract - Duty to state reasons)

2011/C 30/122

Language of the case: French

Parties

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

Defendant: Council of the European Union (represented by: M. Balta and K. Zieleśkiewicz, Agents)

Re:

Application for annulment of the Council’s decision not to extend the applicant’s contract and, consequently, to terminate his employment relationship with the Council.

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Gheysens’ action;

2. Orders Mr Gheysens to pay all the costs.

(1) OJ C 100, 17.4.2010, p. 69.
EN Official Journal of the European Union C 138/27

Judgment of the Civil Service Tribunal (Second Chamber) of 1 February 2012 — Bancale and Buccheri v Commission

(Case F-123/10) (1)

(Civil Service - Temporary staff - Internal competitions - Conditions for admission - Professional experience acquired after obtaining the diploma - Diploma - Qualifications obtained before obtaining the diploma - Equivalence)

2012/C 138/56

Language of the case: French

Parties

Applicants: Giovanni Bancale (Waterloo, Belgium) and Roberto Buccheri (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented: initially by B. Eggers and P. Pecho, Agents, and subsequently by B. Eggers, Agent)

Re:

Application for annulment of the decisions of the Selection Boards in Competitions COM/INT/OLAF/09/AD8 and COM/INT/OLAF/09/AD10 not to admit the applicants to the competitions.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Mr Bancale and Mr Buccheri to bear all the costs.

(1) OJ C 30, 29.1.2011, p. 67.