ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 340/34

Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — De Buggenoms and Others v Commission

(Case F-45/06 REV)

(Civil Service - Procedure - Application for revision - Article 119 of the Rules of Procedure of the Tribunal - Decision of the Tribunal - Application for revision relating to an order for removal from the register following withdrawal from the proceedings - Res judicata - Absence - Inadmissibility raised by the Tribunal of its own motion)

2011/C 340/68

Language of the case: French

Parties

Applicants: Sandrine De Buggenoms and Others (Hoeilaart, Belgium) (represented by: S. Rodrigues, C. Bernard-Glanz and A. Blot, lawyers)

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

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

Re:

Action for revision brought by the applicant against the order of the First Chamber of the Civil Service Tribunal on 16 September 2010, in Case F-45/06.

Operative part of the judgment

The Tribunal:

1. Dismisses the application for revision as inadmissible;

2. Orders the parties applying for revision to pay the costs incurred by the European Commission;
EN Official Journal of the European Union C 44/69

Judgment of the Civil Service Tribunal (Second Chamber) of 5 November 2008 — Avanzata and Others v Commission

(Case F-48/06) (1)

(Staff cases - Contractual staff - Classification and remuneration - Persons formerly employed under Luxembourg law)

(2009/C 44/118)

Language of the case: French

Parties

Applicants: Eric Avanzata (Hussigny, France) and 20 other members of contract staff (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, acting as Agents)

Re:

Annulment of the Commission decisions determining the applicants' conditions of appointment, in particular, their function groups, grades, steps and remuneration as laid down in their contracts of employment.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 154 of 1.7.2006, p. 26.
EN Official Journal of the European Union C 285/54

Judgment of the Civil Service Tribunal (Third Chamber) of 11 September 2008 — Coto Moreno v Commission

(Case F-127/07) (1)

(Staff case - Officials - Open competition - Non-inclusion on the reserve list of successful candidates - Assessment of written and oral tests)

(2008/C 285/97)

Language of the case: French

Parties

Applicant: Juana Maria Coto Moreno (Gaborone, Botswana) (represented by: K. Lemmens and C. Doutrelepont, lawyers)

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

Re:

Annulment of the decision of the selection board of competition EPSO AD/25/05 of 12 February 2007 not to include the applicant's name on the reserve list of successful candidates for that competition — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses Ms Coto Moreno's action;

2. Orders that each party shall bear its own costs.

(1) OJ C 22, 26.1.2008, p. 57.
EN Official Journal of the European Union C 22/54

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2007 — Sundholm v Commission

(Case F-27/07) (1)

(Staff case - Officials - Appraisal - Career development report - Appraisal year 2001/2002 - Absence on medical grounds - Enforcement of a judgment of the Court of First Instance - Article 233 EC)

(2008/C 22/104)

Language of the case: French

Parties

Applicant: Asa Sundholm (Auderghem, Belgium) (represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal)

Defendant: Commission of the European Communities (represented by C. Berardis-Kayser and M. Velardo, Agents)

Re:

Annulment of the applicant's career development report for the period from 1 July 2001 to 31 December 2002, made in compliance with the judgment of the Court of First Instance of 20 April 2005 in Case T-86/04 Sundholm v Commission. Claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders the parties to bear their own costs.

(1) OJ C 117 of 29.5.2007, p. 37.
EN Official Journal of the European Union C 44/70

Judgment of the Civil Service Tribunal (Second Chamber) of 25 November 2008 — Hristova v Commission

(Case F-50/07) (1)

(Staff cases - Recruitment - Open competition - Conditions for admission - Rejection of candidature - Statement of reasons - Diplomas)

(2009/C 44/120)

Language of the case: English

Parties

Applicant: Valentina Hristova (Pavlikeni, Bulgaria) (represented by: G. Kerelov, lawyer)

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

Re:

Annulment of the decision of the selection board in competition EPSO/AST/14/06 refusing to admit the applicant to the tests in that competition on the ground that she did not have three years' professional experience in secretarial work after having obtained her diploma — Claim for damages

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the selection board in open competition EPSO/AST/14/06 refusing to admit Ms Hristova to the tests in that competition;

2. Dismisses the remainder of the action;

3. Orders the Commission of the European Communities to pay all the costs.

(1) OJ C 79 of 29.3.2008, p. 36.
EN Official Journal of the European Union C 313/58

Judgment of the Civil Service Tribunal (Third Chamber) of 8 October 2008 — Barbin v Parliament

(Case F-81/07) (1)

(Staff case - Officials - Promotion - 2006 promotion procedure - Consideration of comparative merits)

(2008/C 313/104)

Language of the case: French

Parties

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

Defendant: European Parliament (represented by: A. Lukošiūtė and R. Ignătescu, Agents, and, subsequently, by C. Burgos, A. Lukošiūtė and R. Ignătescu, Agents)

Re:

Annulment of the decision of the European Parliament not to promote the applicant to grade AD 12 pursuant to the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Parliament of 20 November 2006 not to promote Ms Barbin pursuant to the 2006 promotion procedure;

2. Orders the European Parliament to pay the costs.

(1) OJ C 247, 20.10.2007, p. 43.
EN Official Journal of the European Union C 148/52

Judgment of the Civil Service Tribunal (Second Chamber) of 15 April 2010 — Matos Martins v Commission

(Case F-2/07) (1)

(Staff case - Members of the contract staff - Call for expression of interest - Selection procedure - Pre-selection tests - Access to documents)

2010/C 148/91

Language of the case: French

Parties

Applicant: José Carlos Matos Martins (Brussels, Belgium) (represented by: M.-A. Lucas, lawyer)

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

Re:

Annul, first, the decision of EPSO of 27 February 2006 laying down the results of pre-selection tests for members of the contract staff (EU-25), secondly, the decision not to register the applicant on the database of candidates who had successfully completed those tests and, thirdly, the consequences of the selection procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Matos Martins to bear his own costs, except the costs of accommodation and travel incurred as a result of the consultation of documents by his lawyer on 30 March, 1 April and 21 July 2009 in the premises of the Registry of the Tribunal;

3. Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Matos Martins referred to in paragraph 2 above.

(1) OJ C 56, 10.3.2007, p. 43.
EN Official Journal of the European Union C 267/83

Judgment of the Civil Service Tribunal (Second Chamber) of 10 September 2009 — Van Arum v Parliament

(Case F-139/07) (1)

(Staff case - Officials - Appraisal - Staff Report - Scope of the complaint referred to in Article 90 of the Staff Regulations)

2009/C 267/149

Language of the case: Dutch

Parties

Applicant: Rinse van Arum (Winksele, Belgium) (represented by: W. van den Muijsenbergh, lawyer)

Defendant: European Parliament (represented by: J.F. De Wachter, C. Burgos and K. Zejdová)

Re:

Staff case — Application to alter, or, alternatively, to annul the Staff Report, and to order the defendant to pay the token sum of EUR 1 as damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 92, 12.4.2009, p. 49.
EN Official Journal of the European Union C 297/36

Judgment of the Civil Service Tribunal (Third Chamber) of 21 October 2009 — Ramaekers-Jørgensen v Commission

(Case F-74/08) (1)

(Officials - Community tax - Calculation - Combining the amount of personal remuneration and the survivor’s pension - Rules for collecting the tax - Date of levy)

2009/C 297/55

Language of the case: French

Parties

Applicant: Dominique Ramaekers-Jørgensen (Genval, Belgium) (represented by: L. Vogel, lawyer)

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

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

Re:

First, annulment of the decision of the appointing authority to calculate the applicant’s Community tax by combining the amount of personal remuneration and the survivor’s pension, and of the decision rejecting the application for the Community tax on her survivor’s pension not to be deducted in advance, prior to the payment thereof, from her remuneration. Second, a finding that Articles 3 and 4 of Regulation No 260/68, are unlawful.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Ramaekers-Jørgensen to bear her own costs and to pay the cost of the Commission of the European Communities;

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

(1) OJ C 272, 25.10.2008, p. 52.
EN Official Journal of the European Union C 82/36

Judgment of the Civil Service Tribunal (First Chamber) of 17 February 2009 — Stols v Council

(Case F-51/08) (1)

(Staff case - Officials - Promotion - 2007 promotion procedure - Consideration of comparative merits - Manifest error of assessment)

(2009/C 82/63)

Language of the case: French

Parties

Applicant: Willem Stols (Halsteren, Netherlands) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union (represented by: Mr Bauer and Ms Balta, Agents)

Re:

The annulment of the Appointing Authority's decision not to include the applicant on the list of those promoted to grade AST 11 under the 2007 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of 16 July 2007 and of 5 February 2008 by which the Council of the European Union refused to promote Mr Stols to grade AST 11 under the 2007 promotion procedure;

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

(1) OJ C 183, 19.7.2008, p. 34.
EN Official Journal of the European Union C 30/58

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

(Case F-50/08) (1)

(Civil service - Officials - Open competition - Failure to include the applicant on the reserve list - Balanced representation of women and men on competition selection boards)

2011/C 30/109

Language of the case: Hungarian

Parties

Applicant: Gábor Bartha (Brussels, Belgium) (represented by: P. Homoki, lawyer)

Defendant: Commission (represented by: J. Currall, V. Bottka and A. Sipos, Agents)

Re:

Annulment of EPSO’s decision not to include the applicant on the reserve list for competition EPSO/AD/56/06.

Operative part of the judgment

The Tribunal:

1. Annuls the decision 23 January 2008, by which the selection board of competition EPSO/AD/56/06 dismissed Mr Bartha’s application for reconsideration of the decision of that selection board rejecting the applicant's candidature;

2. Dismisses the remainder of the application;

3. Orders the European Commission to bear all of the costs.

(1) OJ C 209, 15.8.2008, p. 73.
EN Official Journal of the European Union C 148/52

Judgment of the Civil Service Tribunal (Second Chamber) of 15 April 2010 — Angelidis v Parliament

(Case F-104/08) (1)

(Civil service - Officials - Vacant post - Execution of a judgment annulling the appointing decision - Legitimate expectations - Principle of officials’ entitlement to a career - Equal treatment - Principle of sound administration - Duty to have regard to the welfare of officials - Manifest error of assessment - Misuse of powers)

2010/C 148/92

Language of the case: French

Parties

Applicant: Angel Angelidis (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

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

Re:

First, annulment of notice of vacancy No 12564 concerning the filling of the post of Director of the Directorate-General for Internal Policies of the European Union — Directorate D Budgetary Affairs of the European Parliament and the recruitment procedure initiated by that notice. Second, annulment of the decision to reject the applicant’s candidacy for the post of Director of Budgetary Affairs of the Directorate-General for Internal Policies and to appoint another candidate to that post. Lastly, a claim for damages for the non-material and material loss suffered by the applicant and for him to be appointed to the grade of Director ‘ad personam’.

Operative part of the judgment

The Tribunal:

1. Orders the European Parliament to pay the sum of EUR 1 000 to Mr Angelidis;

2. Dismisses the remainder of the action;

3. Orders the European Parliament to bear its own costs and pay one third of the costs of Mr Angelidis;

4. Orders Mr Angelidis to bear two thirds of his own costs.

(1) OJ C 44, 21.2.2009, p. 77.
EN Official Journal of the European Union C 134/51

Judgment of the Civil Service Tribunal (First Chamber) of 23 February 2010 — Faria v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case F-7/09) (1)

(Staff cases - Officials - Reports - Evaluation report - 2006/2007 evaluation period - Application for annulment of the evaluation report - Manifest error of assessment - Compensation for non-material damage)

2010/C 134/84

Language of the case: French

Parties

Applicant: Marie-Hélène Faria (Muchamiel, Spain) (represented by: L. Levi, lawyer)

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

Re:

Annulment of the evaluation report in respect of the period from 1 October 2006 to 30 September 2007, and an order that the defendant pay compensation for the loss suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Annuls Ms Faria's evaluation report, drawn up by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in respect of the period from 1 October 2006 to 30 September 2007;

2. For the rest, dismisses the action;

3. Orders OHIM to bear its own costs and to pay three quarters of Ms Faria's costs;

4. Orders Ms Faria to bear one quarter of her own costs.

(1) OJ C 69 of 21.03.2009, p. 55.
EN Official Journal of the European Union C 317/47

Judgment of the Civil Service Tribunal (First Chamber) of 14 September 2010 — Da Silva Pinto Branco v Court of Justice

(Case F-52/09) (1)

(Civil Service - Officials - Recruitment - Probationary official - Dismissal at the end of the probationary period - Rights of the defence - Evaluation of abilities - Judicial review)

2010/C 317/83

Language of the case: French

Parties

Applicant: Delfina Da Silva Pinto Branco (Luxembourg, Luxembourg) (represented by: M. Erniquin and C. Defago, lawyers)

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

Re:

First, application for annulment of the decision to dismiss the applicant. Next, application for the applicant to be established as an official or to be reinstated in her post as a probationary official. Lastly, application for damages for non-pecuniary losses suffered

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mrs Da Silva Pinto Branco to pay all the costs.

(1) OJ C 244, 10/10/2009, p. 16.
Official Journal of the European Union

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

(Case F-44/09) (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 288/134)

Language of the case: Dutch

Parties

Applicant: Brigitte Knöll (Hochheim am Main, Germany) (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 Knöll a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 180, of 01.08.09., p 64
EN Official Journal of the European Union C 95/13

Judgment of the Civil Service Tribunal (First Chamber) of 15 February 2011 — Marcuccio v Commission

(Case F-81/09) (1)

(Civil service - Officials - Invalidity allowance - Error in the calculation - Payment of arrears - Default interest due - Rate applicable - Annual capitalisation Material and non-material damage)

2011/C 95/20

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 Commission’s decision rejecting in part the applicant’s request for default interest in respect of the payment of the invalidity allowance awarded to him.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders the Commission, in addition to bearing its own costs, to pay one quarter of the costs incurred by Mr Marcuccio

3. orders Mr Marcuccio to bear three-quarters of his own costs..

(1) OJ C 312, 19.12.09, p. 44.
EN Official Journal of the European Union C 30/61

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

(Case F-75/09) (1)

(Public service - Officials - Request for assistance - Damage to reputation and breach of the principle of the presumption of innocence)

2011/C 30/116

Language of the case: French

Parties

Applicant: Fritz Harald Wenig (Woluwé-Saint-Pierre, Belgium) (represented initially by: G.-A Dal and D. Voillemot, lawyers, then by G.-A Dal, D. Voillemot, T. Bontinck and S. Woog, lawyers)

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

Re:

First, an application for annulment of the implied decision rejecting the applicant’s request of 23 September 2008 for assistance from the European Commission and, second, an application for annulment of the European Commission’s rejection decision of 14 November 2008.

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Wenig’s action;

2. Orders Mr Wenig to pay all the costs.

(1) OJ C 267, 7/11/2009, p. 85.
EN Official Journal of the European Union C 138/22

Judgment of the Civil Service Tribunal (Second Chamber) of 10 November 2011 — Mohamed Merhzaoui v Council of the European Union

(Case F-18/09) (1)

(Civil service - Officials - Promotion - Classification in grade - Local staff appointed as officials - Article 10 of Annex XIII to the Staff Regulations - Article 3 of the annex to the CEOS - Promotion exercise for 2008 - Consideration of comparative merits of officials attached to the career stream AST - Procedure based on staff reports 2005/2006 - Criterion of the level of responsibilities exercised)

2012/C 138/41

Language of the case:French

Parties

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

Defendant: Council of the European Union (represented by: M. Bauer and G. Kimberley, agents)

Re:

First, annulment of the decision to assign the applicant to the career stream AST 1-7. Secondly, annulment of the decision not to promote him to grade AST 2 in the 2008 promotion procedure and of the decisions to promote less deserving officials to that grade.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Mohamed Merhzaoui to bear his own costs and those incurred by the Council of the European Union.

(1) OJ C 113, 16.5.2009, p. 46.
2.

orders the European Parliament to pay to Ms Scheefer the difference between, (i) the amount of the remuneration which she would have earned if she had continued to be employed by the Parliament and (ii) the amount of the remuneration, fees, unemployment benefit or any other allowance in lieu which she has in fact received since 1 April 2009 in place of the remuneration which she was receiving as a member of the temporary staff;
EN Official Journal of the European Union C 340/37

Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Van Soest v Commission

(Case F-117/10) (1)

(Civil Service - Recruitment - Competition - Conditions for admission - Required qualification - Concept of a diploma attesting to a level of secondary education and giving access to post-secondary education - Decisions of the selection board for a competition - Nature of the review exercised by the appointing authority)

2011/C 340/75

Language of the case: French

Parties

Applicant: Barry Van Soest (Etterbeek, Belgium) (represented by: S. Pappas, lawyer)

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

Re:

Application for annulment of the Commission’s decision which terminated the recruitment procedure for the applicant, who had passed a competition and been included on the reserve list, because he did not hold a diploma of secondary education giving access to post-secondary education.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

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

(1) OJ C 30, 29.01.11, p. 66.
EN Official Journal of the European Union C 160/28

Judgment of the Civil Service Tribunal (First Chamber) of 13 April 2011 — Vakalis v Commission

(Case F-38/10) (1)

(Civil Service - Officials - Pension - Transfer of pension rights acquired in Greece to the pension scheme of officials of the European Union - Calculation of the pensionable years - Objection of illegality concerning the general implementing provisions for Articles 11 and 12 of Annex VIII to the Staff Regulations - Principle of equal treatment - Principle of the neutrality of the Euro)

2011/C 160/43

Language of the case: French

Parties

Applicant: Ioannis Vakalis (Luvinate, Italy) (represented by: S. Pappas, lawyer)

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

Re:

Annulment of the decision of the Office for Administration and Payment of Individual Entitlements determining the pension rights of the applicant on his transfer to the European Union scheme

Operative part of the judgment

1. The application is dismissed partly as inadmissible and partly as unfounded.

2. The European Commission is ordered to bear its own costs and half of the applicant’s costs.

3. Mr Vakalis is to bear half of his own costs.

(1) OJ C 209, 31.7.2010, p. 54.