ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 30/62

Judgment of the Civil Service Tribunal (3rd Chamber) of 1 December 2010 — Gagalis v Council

(Case F-89/09) (1)

(Civil service - Social security - Occupational accident - Partial permanent invalidity - Decision to take responsibility for 75 % of the costs of a thermal cure - Reimbursement for care under Article 72 of the Staff Regulations and additional reimbursement under Article 73 of the Staff Regulations - Exclusion of cover for subsistence expenses - Refusal of additional reimbursement - Interpretation of Article 73(3) of the Staff Regulations and of Article 9 of the Common rules on the insurance of officials against the risk of accident and occupational disease)

2011/C 30/119

Language of the case: French

Parties

Applicant: Spyridon Gagalis (Kraainem, Belgium) (represented by: N. Lhoëst, lawyer, then by N. Lhoëst and L. Delhaye, lawyers)

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

Re:

Action for annulment of the defendant’s decision refusing to reimburse the applicant, pursuant to Article 73 of the Staff Regulations, 75 % of all the costs relating to a thermal cure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Gagalis to pay all the costs.

(1) OJ C 312, 19.12.2009, p. 45.
EN Official Journal of the European Union C 38/29

Judgment of the Civil Service Tribunal (Third Chamber) of 5 December 2012 — Z v Court of Justice

(Case F-88/09 and F-48/10) (1)

(Civil service - Officials - Reassignment - Interests of the service - General rule of correspondence between the grade and the post - Rights of the defence - Psychological harassment - Article 12 of the Staff Regulations - Duty of care - Principle of sound administration - Disciplinary proceedings - Disciplinary measure - Written warning - Rights of the defence and principle of the right to be heard)

2013/C 38/53

Language of the case: French

Parties

Applicant: Z (Luxembourg, Luxembourg) (represented: initially by L. Levi and M. Vandenbussche, lawyers, subsequently by F. Rollinger, lawyer)

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

Re:

Application for annulment of the decision to transfer the applicant in the interest of the service to another directorate and an order that the defendant pay compensation for non-material loss.

Operative part of the judgment

The Tribunal:

1. Dismisses the actions in Joined Cases F-88/09 and F-48/10;

2. Orders Z to bear three-quarters of his own costs in Case F-88/09 and to bear his own costs and to pay those incurred by the Court of Justice of the European Union in Case F-48/10;

3. Orders the Court of Justice of the European Union to bear its own costs and to pay a quarter of those incurred by Z in Case F-88/09.

(1) OJ C 24, 30.1.2010, p. 80.
EN Official Journal of the European Union C 252/49

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

(Case F-30/09) (1)

(Civil service - Remuneration - Installation allowance - Establishment of entitlement - Entry into service as probationary official - Change of residence after establishment to be taken into account - Official’s duty of residence under Article 20 of the Staff Regulations)

2011/C 252/105

Language of the case: French

Parties

Applicant: Dhikra Chaouch (Oetrange, Luxembourg) (represented by: F. Moyse and A. Salerno, lawyers)

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

Re:

Annulment of the Appointing Authority’s decision not to grant the applicant installation allowance

Operative part of the judgment

The Tribunal:

1. Dismisses Mr. Chaouch’s action;

2. Orders Mr. Chaouch to pay all the costs.

(1) OJ C 129 of 06.06.2009, p. 21.
EN Official Journal of the European Union C 362/23

Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — AC v Council

(Case F-9/10) (1)

(Civil service - Promotion - 2009 promotion exercise - Comparative examination of merit - Manifest error of assessment)

2011/C 362/37

Language of the case: French

Parties

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

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

Re:

Application for annulment of the decision not to include the applicant in the list of persons promoted to grade AD 13 in the 2009 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders AC to pay the entirety of the costs.

(1) OJ C 113, 1.5.2010, p. 79.
EN Official Journal of the European Union C 232/40

Judgment of the Civil Service Tribunal (First Chamber) of 28 June 2011 — De Nicola v European Investment Bank

(Case F-49/10) (1)

(Staff case - Staff of the European Investment Bank - Sickness insurance - Refusal to reimburse medical expenses - Request for independent doctor to be designated - Reasonable period of time)

2011/C 232/69

Language of the case: Italian

Parties

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

Defendant: European Investment Bank (represented by T. Gilliams and F. Martin, Agents)

Re:

Application for annulment of the defendant’s decision not to reimburse sessions of laser therapy.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 221 of 14.8.10, p. 61.
EN Official Journal of the European Union C 138/25

Judgment of the Civil Service Tribunal (Third Chamber) of 29 February 2012 — AM v Parliament

(Case F-100/10) (1)

(Civil service - Officials - Social security - Insurance against accidents and occupational disease - Article 73 of the Staff Regulations - Refusal to recognise the accidental cause of a stroke - Medical committee - Principle of collegiality)

2012/C 138/51

Language of the case: French

Parties

Applicant: AM (Málaga, Spain) (represented by: L. Levi and C. Bernard-Glanz, lawyers)

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

Re:

Application for annulment of the decision refusing to regard the stroke suffered by the applicant on 5 March 2006 as an accident within the meaning of Article 73 of the Staff Regulations and Art. 2 of the JSIS.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders AM to pay all the costs.

(1) OJ C 55, 19.2.2011, p.37.
EN Official Journal of the European Union C 138/23

Judgment of the Civil Service Tribunal (Second Chamber) of 10 March 2011 — Begue and Others v Commission

(Case F-27/10) (1)

(Civil service - Members of the contract staff - Staff entitled to an allowance for regular stand-by duty - Article 55 and Article 56b of the Staff Regulations - Regulation (EEC, Euratom, ECSC) No 495/77)

2012/C 138/44

Language of the case: French

Parties

Applicant(s): Christian Begue and Others (Marcy, France) (represented by: A. Woimant, lawyer)

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

Re:

Application for annulment of the decision refusing the applicants payment with retroactive effect of the allowance for standby duty referred to in Article 56b of the Staff Regulations

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 Commission.

(1) OJ C 179, 3.7.2010, p. 58.
EN Official Journal of the European Union C 147/31

Judgment of the Civil Service Tribunal (Third Chamber) of 13 March 2013 — AK v Commission

(Case F-91/10) (1)

(Civil Service - Officials - First paragraph of Article 43 of the Staff Regulations - Delay in drawing up career development reports - Non-pecuniary damage - Loss of the opportunity to be promoted)

2013/C 147/56

Language of the case: French

Parties

Applicant: AK (Esbo, Finland) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

Application for annulment of the decision rejecting the applicant’s claim for compensation for the loss suffered by reason of the failure to establish career development reports and for the opening of an administrative inquiry to establish the facts of harassment and application for compensation for the damage suffered.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay the sum of EUR 15 000 to AK as compensation for non-pecuniary damage;

2. Orders the European Commission to pay the sum of EUR 4 000 to AK as compensation for the loss of opportunity to be promoted to a grade higher than A 5 or equivalent before 1 March 2008;

3. Dismisses the remainder of the action;

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

(1) OJ C 13, 15.1.2011, p. 40.
EN Official Journal of the European Union C 227/35

Judgment of the Civil Service Tribunal (Third Chamber) of 13 June 2012 — BL v European Commission

(Case F-63/10) (1)

(Civil Service - Former official - Social security - Accident - Closure of the procedure for the application of Article 73 of the Staff Regulations - Temporal application of the scale annexed to the new version of the rules concerning insurance against accidents and occupational diseases - Length of the procedure)

2012/C 227/58

Language of the case: French

Parties

Applicant: BL (Brussels, Belgium) (represented by: L. Levi and C. Bernard-Glanz, lawyers)

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

Re:

Application to annul the Commission’s decision to close the procedure opened under Article 73 of the Staff Regulations following the applicant’s accident on 13 August 2001 by granting the applicant a rate of permanent invalidity of 6 % and an order that the defendant pay the applicant an amount in respect of damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 28 October 2009 to close the opened under Article 73 of the Staff Regulations of Officials of the European Union following the accident to BL on 13 August 2001;

2. Orders the European Commission to pay BL the sum of EUR 2 500;

3. Dismisses the remainder of the action;

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

(1) OJ C 260, 25.9.2010, p. 29.
EN Official Journal of the European Union C 46/31

Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Ntouvas v ECDC

(Case F-107/11) (1)

(Civil service - Contract staff - 2010 appraisal procedure - Application for annulment of the appraisal report)

2013/C 46/60

Language of the case: English

Parties

Applicant: Ioannis Ntouvas (Sundbyberg, Sweden) (represented by: E. Mylonas, lawyer)

Defendant: European Center for Disease Prevention and Control (ECDC) (represented by: R. Trott, Agent, and D. Waelbroeck, lawyer)

Re:

Civil service — Application for annulment of the applicant’s appraisal report for the period of 1 January to 31 December 2010

Operative part of the judgment

The Tribunal:

1. Dismisses the action;;

2. Orders Mr Ntouvas to bear his own costs and to pay the costs incurred by the European Center for Disease Prevention and Control.

(1) OJ C 25, 28.1.2012, p. 69.
EN Official Journal of the European Union C 287/40

Judgment of the Civil Service Tribunal (Third Chamber) of 20 June 2012 — Cristina v Commission

(Case F-83/11) (1)

(Civil service - Open competition - Decision of the selection board in the competition not to admit the applicant to the tests - Remedies - Court action brought without waiting for a decision on the administrative complaint - Admissibility - Specific conditions for entry to the competition - Professional experience related to the nature of the duties)

2012/C 287/74

Language of the case: French

Parties

Applicant: Alma Yael Cristina (Brussels, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

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

Re:

Application for annulment of the decision of the chairman of the selection board in competition EPSO/AST/112/10 — Assistants (AST 3) not to admit the applicant to the tests.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Mrs Cristina to bear her own costs and to pay the costs incurred by the European Commission.

(1) OJ C 340, 19.11.2011, p. 41.
EN Official Journal of the European Union C 225/84

Judgment of the Civil Service Tribunal (First Chamber) of 7 May 2013 — McCoy v Committee of the Regions

(Case F-86/11) (1)

(Civil Service - Officials - Invalidity pension - Article 78(5) of the Staff Regulations - Refusal to recognise that invalidity arose from an occupational disease)

2013/C 225/193

Language of the case: French

Parties

Applicant: Robert McCoy (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: Committee of the Regions of the European Union (represented by: J.C. Cañoto Argüelles, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

Civil Service — Application for the annulment of the decision refusing to recognise that the applicant's invalidity arose from an occupational disease within the meaning of Article 78(5) of the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 10 September 2010 of the Bureau of the Committee of the Regions of the European Union, concerning the refusal to recognise that Mr McCoy's invalidity arose from an occupational disease within the meaning of Article 78(5) of the Staff Regulations;

2. Dismisses the remainder of the application;

3. Orders the Committee of the Regions of the European Union to bear its own costs and to pay those incurred by Mr McCoy.

(1) OJ C 340, 19.11.2011, p. 42.
EN Official Journal of the European Union C 101/33

Judgment of the Civil Service Tribunal (Second Chamber) of 19 February 2013 — BB v Commission

(Case F-17/11) (1)

(Civil Service - Contractual agent - Non-renewal of a fixed term contract - Action for annulment - Action for damages)

2013/C 101/61

Language of the case: French

Parties

Applicant: BB (represented by: A. Blot, lawyer)

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

Re:

Application to annul the decision of the defendant not to renew the contract of the applicant.

Operative part of the judgment

The Tribunal:

1. The application is dismissed

2. The Commission shall bear its own costs and pay one third of the costs incurred by BB.

3. BB shall bear two-thirds of his own costs.

(1) OJ C 186, 25.6.2011, p. 33.
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-52/11) (1)

((Civil service - EIB staff - Psychological harassment - Inquiry procedure - Report of the Committee of Inquiry - Incorrect definition of psychological harassment - Decision of the President of the EIB not to follow up the complaint - Annulment - Action for damages))

(2014/C 462/47)

Language of the case: Italian

Parties

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

Defendant: EIB (represented by: T. Gilliams and F. Martin, Agents, and by A. Dal Ferro, lawyer)

Re:

First, an application to annul a letter from the President of the Bank stating that, following the Panel’s decision to reject the complaint brought by the applicant alleging psychological harassment, no action was necessary, and other decisions in relation to the inquiry into the alleged psychological harassment. Secondly, an application for a declaration that the applicant was the victim of psychological harassment.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 1 September 2010 by which the President of the European Investment Bank rejected Mr De Nicola’s complaint alleging psychological harassment;

2. Orders the European Investment Bank to pay Mr De Nicola the sum of EUR 3 000;

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.

(1) OJ C 186, 25/6/2011, p. 37.
EN Official Journal of the European Union C 377/20

Judgment of the Civil Service Tribunal (1st Chamber) of 23 October 2013 — Gomes Moreira v ECDC

(Case F-80/11) (1)

(Civil Service - Temporary staff - Anticipated termination of a fixed-term contract - Breach of trust - Disciplinary misconduct)

2013/C 377/44

Language of the case: French

Parties

Applicant: Joaquim Paulo Gomes Moreira (Lisbon, Portugal) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Centre for Disease Prevention and Control (represented by: A. Ammon, Agent, initially, and subsequently R. Trott, Agent, D. Waelbroek and A. Duron, lawyers)

Re:

Application for annulment of the decision to terminate the applicant’s contract for disciplinary reasons and for payment of a sum by way of compensation for the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 11 October 2010 in so far as it suspended the applicant from his duties;

2. Dismisses the action as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 319, 29.10.2011, p. 30.
EN Official Journal of the European Union C 252/45

Judgment of the Civil Service Tribunal (Second Chamber) of 12 June 2013 — Bogusz v Frontex

(Case F-5/12) (1)

(Civil service - Members of the temporary staff - Frontex staff - Amendment to the conditions under which the probationary period progressed laid down in Article 14 of the CEOS - Dismissal at the end of the probationary period - Setting objectives - Ground raised for the first time at the hearing)

2013/C 252/76

Language of the case: French

Parties

Applicant: Bogusz (Dobroszyce, Poland) (represented by: S. Pappas, lawyer)

Defendant: Frontex (represented by: S. Vuorensola and H. Caniard, acting as Agents, and A. Duron and D. Waelbroeck, lawyers)

Re:

Civil service — Application for the annulment of the decision of Frontex imposing a penalty on the applicant and the decision dismissing him.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to bear its own costs and to pay one quarter of the costs incurred by Mr Bogusz;

3. Orders Mr Bogusz to bear three quarters of his own costs.

(1) OJ C 133, 5.5.2012, p.29.
EN Official Journal of the European Union C 377/20

Judgment of the Civil Service Tribunal (First Chamber) of 5 November 2013 — Schönberger v Court of Auditors

(Case F-14/12) (1)

(Civil Service - Officials - Promotion - 2011 promotion procedure - Reference multiplier rates)

2013/C 377/46

Language of the case: German

Parties

Applicant: Peter Schönberger (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)

Defendant: Court of Auditors of the European Union (represented initially by: J.-M. Stenier and B. Schäfer, and subsequently by: B. Schäfer and Í. Ni Riágan Düro, acting as Agents)

Re:

Application for annulment of the defendant’s decision not to promote the applicant to grade AD 13 in the 2011 promotion procedure

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Schönberger to bear his own costs and to pay the costs incurred by the Court of Auditors of the European Union.

(1) OJ C 138, 12.5.2012, p. 33.
EN Official Journal of the European Union C 352/23

Judgment of the Civil Service Tribunal (3rd Chamber) of 23 October 2013 — BQ v Court of Auditors

(Case F-39/12) (1)

(Civil service - Official - Staff report - Psychological harassment - Damages - Admissibility - Time-limits)

2013/C 352/44

Language of the case: French

Parties

Applicant: BQ (Bereldange, Luxembourg) (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy, B. Schäfer and I. Ní Riagáin Düro, Agents)

Re:

Application to annul the rejection by the European Court of Auditors of the applicant’s application seeking the recognition of unlawful conduct which allegedly caused him material and non-material harm

Operative part of the judgment

The Tribunal:

1. Orders the Court of Auditors of the European Union to pay BQ EUR 2 000;

2. Dismisses the action as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 138, 12.05.2012, p. 38.
EN Official Journal of the European Union C 85/25

Judgment of the Civil Service Tribunal (Third Chamber) of 12 February 2014 — Bodson and Others v EIB

(Case F-73/12) (1)

(Civil Service - EIB staff - Contractual nature of the employment relationship - Reform of the EIB system of remuneration and salary progression)

2014/C 85/42

Language of the case: French

Parties

Applicants: Jean-Pierre Bodson and Others (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (represented by: C. Gómez de la Cruz, T. Gilliams and G. Nuvoli, acting as Agents, and P.E. Partsch, lawyer)

Re:

First, application for annulment of the decisions contained in salary slips to apply the general decision of the European Investment Bank setting a salary progression capped at 2.8% for all staff and the decision establishing a merit grid entailing the loss of 1 % of salary and, second, a subsequent application for the institution to be ordered to pay the difference in remuneration together with damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Bodson and the seven other applicants whose names are listed in the annex to bear their own costs and to pay those incurred by the European Investment Bank.

(1) OJ C 295, 29.9.2012, p. 33.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 21 November 2013 — Arguelles Arias v Council

(Case F-122/12) (1)

(Civil Service - Contract staff - Contract for an indefinite period - Termination - Post held requiring security clearance - Clearance refused by the national security authority - Decision varied by the appeal body - Findings of the national security authority and the appeal body not binding on the AECE)

(2014/C 71/66)

Language of the case: French

Parties

Applicant: Bruno Arguelles Arias (Awans, Belgium) (represented by: J. Lecuyer, lawyer)

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

Re:

Action for annulment of the decision of the Council dismissing the applicant and for compensation for the material and non-material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Arguelles Arias to bear his own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 26, 26.1.2013, p. 72.