ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 414/44

Action brought on 30 September 2015 — ZZ v Commission

(Case F-129/15)

(2015/C 414/56)

Language of the case: French

Parties

Applicant: ZZ (represented by: H. Jeannin, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to take into account, for the purposes of calculating the applicant’s retirement pension, the period of service equivalent to 26 days which was granted following the transfer of pension rights acquired in the national system to the EU pension scheme, and a claim for one symbolic euro by way of compensation for the non-material damage which the applicant claims to have suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision rejecting his complaint and the implied decision, by the decision of 6 February 2015 on the granting and payment of his pension rights, not to take into account, for the purposes of calculating that pension, the period of 26 days acquired through the transfer of pension rights from the French retirement schemes known as CNAVTS-ARRCO and MSA;

— award one symbolic euro by way of compensation for the non-material damage suffered;
EN Official Journal of the European Union C 354/57

Action brought on 22 August 2015 — ZZ v Commission

(Case F-122/15)

(2015/C 354/70)

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision transferring the applicant’s pension rights to the European Union pension scheme, which applies the new general implementing provisions (GIP) for Article 11(2) of Annex VIII to the Staff Regulations.

Form of order sought

The applicant claims that the Tribunal should:

— Declare illegal Article 9 of the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations;

— Annul the decision of 6 January 2015 confirming the transfer of the pension rights acquired prior to his entry to the service pursuant to the general implementing provisions adopted on 3 March 2011 for Article 11(2) of Annex VIII to the Staff Regulations;
EN Official Journal of the European Union C 68/46

Action brought on 21 December 2015 — ZZ v Commission

(Case F-149/15)

(2016/C 068/60)

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision imposing on the applicant the penalty of deferment of advancement to a higher step and obliging the applicant to pay compensation in respect of harm allegedly incurred by the European Union, and an application for compensation in respect of the non-material harm and the reputational damage allegedly incurred.

Form of order sought

The applicant claims that the Tribunal should:

— annul Decision CMS 13-005 of the Tripartite appointing authority in so far as it provides for deferment of the applicant’s advancement to a higher step for 18 months and payment of compensation in respect of harm assessed by the decision at EUR 108 596,35;

— so far as necessary, annul the decision rejecting the applicant’s complaint;

— in the alternative, reduce the financial penalty contained in Decision CMS 13-005;

— order the defendant to pay compensation in respect of the non-material harm and reputational damage incurred by the applicant assessed at EUR 20 000;
—

Annul the decision of the Bureau of the Committee of the Regions of 2 December 2014, served on 6 January 2015, in so far as it accepts the conclusions of the Invalidity Committee and so refuses to recognise that the invalidity suffered by the applicant is occupational in origin within the meaning of Article 78(5) of the Staff Regulations;
—

order the defendant to pay compensation for material harm (i) for the outstanding salary corresponding to the application of the annual adjustment for 2016, that is, an increase of 2,3 % for the period from 1 January 2016 to 31 December 2016; (ii) for the outstanding salary corresponding to the consequences of applying the annual adjustment of 2.9 % for 2016 on the amount of the salaries which will be paid from January 2016; (iii) for default interest on outstanding salaries due until full payment of the amounts due, the rate of default interest to be applied having to be calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, applicable during the relevant period, plus three percentage points; and (iv) for damages due to the loss of purchasing power;
EN Official Journal of the European Union C 191/53

Action brought on 23 March 2016 — ZZ v Commission

(Case F-17/16)

(2016/C 191/77)

Language of the case: German

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Action for annulment of the decision of the European Personnel Selection Office (EPSO) not to have regard to the late request for review of the decision not to admit the applicant to the next stage of open competition EPSO/AST-SC/03/15 — 3 and for annulment of the implied decision not to grant that request for review.

Form of order sought

The applicant claims that the Court should:

— annul the decision of the European Personnel Selection Office (EPSO) of 17 August 2015, received by the applicant by e-mail, not to have regard to the applicant’s request of 13 August 2015 for review of the decision not to admit the applicant to the next stage of open competition EPSO/AST-SC/03/15 — 3 following the decision of the selection board in that competition;

— annul the implied decision of the selection board in open competition EPSO/AST-SC/03/15 — 3 not to grant the applicant’s request of 13 August 2015 for review of the decision of the selection board not to admit the applicant to the next stage of that competition;
(2)

Annul the decision of the EIB of 4 June 2015 closing the applicant’s Optional Supplementary Provident Scheme (OSPS) account with effect from 28 February 2015 and order the EIB to pay the applicant: — a sum equivalent to the payments which the EIB would have continued to make into the applicant’s OSPS account (3 % of the applicant’s annual salary) if the EIB had not closed his account, with effect from 28 February 2015 until the date of actual reopening of the applicant’s OSPS account; — the interest which the capital in the applicant’s OSPS account would have continued to earn if his OSPS account had not been closed on 28 February 2015 and if the applicant and the EIB had been able to continue to make their respective payments up to 3 % of the applicant’s annual salary until the date of actual reopening of the applicant’s OSPS account;
—

order the Commission to compensate the material and non-material damage suffered by the applicants owing to the breach of their right to good administration and of the Administration’s duty of care towards them, amounting, respectively: — to the difference between the remuneration received by ZZ as a temporary agent of the EFSA in grade AD 9, and the remuneration that he would receive as an official of the Commission in grade AD 12, for a period of one year; — to the amount of the recovery sought from the applicants in the contested decision, increased by the difference between the pensions amount determined in Statement of amendment No 2 and the amount determined in Statement of amendment No 3, from the date on which Statement No 3 takes effect until such time as the family will be in a position to resettle in its earlier place of residence, that period being equitably estimated at one year from resolution of the present case;
EN Official Journal of the European Union C 116/30

Judgment of the Civil Service Tribunal (Third Chamber) of 31 January 2008 — Di Bucci v Commission

(Case F-98/05) (1)

(Officials - Staff cases - Promotion - 2004 promotion exercise - Allocation of priority points - Application ratione temporis of provisions of the new staff regulations)

(2008/C 116/56)

Language of the case: French

Parties

Applicant: Vittorio Di Bucci (Brussels, Belgium) (represented by: M. van der Woude and V. Landes, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid and V. Joris, agents, and D. Slater, lawyer)

Re:

First, annulment of the decisions awarding promotion points to the applicant in respect of the 2004 promotion exercise and, second, annulment of the merit list of Grade A*11 officials promoted to Grade A*12 in the 2004 promotion exercise

Operative part of the judgment

The Tribunal:

1. Annuls the decision fixing the total of Mr Di Bucci's promotion points in the 2004 promotion exercise and the decision refusing him promotion in that exercise.

2. Dismisses the remainder of the action.

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

(1) OJ C 10, 14.1.2006, p. 24 (Case originally registered at the Court of First Instance of the European Communities under T-381/05 and transferred to the European Union Civil Service Tribunal by order of 15 December 2005).
EN Official Journal of the European Union C 138/21

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Strobl v Commission

(Case F-56/05) (1)

(Civil service - Officials - Appointment - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Grading under the new, less favourable rules - Article 12 of Annex XIII to the Staff Regulations - Protection of legitimate expectations - Principle of equality - Age discrimination)

2012/C 138/38

Language of the case: German

Parties

Applicant: Peter Strobl (Greifenberg-Beuern, Germany) (represented by: H.-J. Rüber, lawyer)

Defendant: European Commission (represented: initially by J. Currall and H. Krämer, Agents, and subsequently by J. Currall, Agent, and B. Wägenbaur, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm et I. Šulce, Agents)

Re:

Annulment of the Commission’s decision classifying the applicant, who was placed on a reserve list prior to the entry into force of the new Staff Regulations, under the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 amending the Staff Regulations of Officials)

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs;

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

(1) OJ C 229, 17.9.2005, p. 28 (case initially registered before the Court of First Instance of the European Communities under the Number T-260/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
EN Official Journal of the European Union C 328/59

Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — Torijano Montero v Council

(Case F-76/05) (1)

(Civil service - Officials - Appointment - Candidates placed on a reserve list of a competition published prior to the entry into force of the new Staff Regulations - Classification in grade under the new, less favourable rules - Article 5 of the Staff Regulations - Article 12 of Annex XIII to the Staff Regulations - Principle of equality - Principle of protection of legitimate expectations - Duty to have regard for the welfare of officials - Proportionality)

2010/C 328/94

Language of the case: French

Parties

Applicant: Javier Torijano Montero (Brussels, Belgium) (represented by: initially, S. Rodrigues and A. Jaume, lawyers, and subsequently, S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Sulce, acting as Agents)

Re:

Annulment of the Council’s decision classifying the applicant, who was placed on a reserve list prior to the entry into force of the new Staff Regulations, under the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 amending the Staff Regulations of Officials)

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 281, 12.11.2005, p. 23. (Case originally registered at the Court of First Instance of the European Communities as Case T-302/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)
EN Official Journal of the European Union C 6/44

Judgment of the Civil Service Tribunal (First Chamber) of 4 November 2008 — Marcuccio v Commission

(Case F-41/06) (1)

(Staff cases - Officials - Social security - Insurance against the risk of accident and occupational disease - Invalidity - Retirement on the ground of invalidity - Statement of reasons - Annulment)

(2009/C 6/88)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: L. Garofalo, lawyer)

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

Re:

First, action for annulment of the Commission decision by which the applicant was retired on grounds of invalidity and of a series of measures connected to that decision and, secondly, a claim for damages

Operative part of the judgment

The Tribunal:

1. annuls the decision of the Commission of the European Communities of 30 May 2005 by which Mr Marcuccio was retired on grounds of invalidity;

2. orders the Commission of the European Communities to pay Mr Marcuccio the sum of EUR 3 000;

3. dismisses the action as to the remainder;

4. orders the Commission of the European Communities to pay two thirds of Mr Marcuccio's costs as well as to bear its own costs;

5. orders Mr Marcuccio to bear one third of his own costs.

(1) OJ C 131, 3.6.2006, p. 54.
EN Official Journal of the European Union C 209/69

Judgment of the Civil Service Tribunal (Second Chamber) of 3 April 2008 — Bakema v Commission

(Case F-68/06) (1)

(Staff case - Contract staff - Classification in grade - Function group IV - Diploma - Professional experience)

(2008/C 209/126)

Language of the case: English

Parties

Applicant: Reint J. Bakema (Zuidlaren, Netherlands) (represented by: L. Rijpkema and A. Kootstra)

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

Re:

Annulment of the Commission's Decision refusing to reclassify the applicant from grade 14 to grade 16 in function group IV and to regard his ‘kandidaatsdiploma’ as attesting to completed university studies for the purposes of Article 82 of the CEOS and of Article 2 of the GPI concerning the procedures governing the engagement and employment of contract staff by the Commission

Operative part of the judgment

The Tribunal:

1. Annuls the decision by which the Authority Authorised to Conclude Contracts of Engagement classified Mr Bakema in function group IV at grade 14, step 1, under the contract signed on 25 October 2005 recruiting him to the Commission of the European Communities as a member of the contract staff;

2. Dismisses the remainder of the application;

3. Orders each party to bear its own costs.

(1) OJ C 212 of 2.9.2006, p. 48
EN Official Journal of the European Union C 38/28

Judgment of the Civil Service Tribunal (First Chamber) of 6 November 2012 — Marcuccio v Commission

(Case F-41/06 RENV) (1)

(Civil service - Officials - Referral back to the Tribunal after setting aside - Invalidity - Retirement on the grounds of invalidity - Composition of the Invalidity Committee - Validity - Conditions)

2013/C 38/52

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:

Referral back after setting aside — Civil service — First, application for annulment of the Commission’s decision to retire the applicant on grounds of invalidity as well as a series of acts related to that decision and, second, a claim for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Marcuccio to bear his own costs and to pay the costs incurred by the European Commission in Cases F-41/06, F-41/06 RENV and T-20/09 P.

(1) OJ C 131, 3.6.2006, p. 54.
EN Official Journal of the European Union C 234/55

Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Lesniak v Commission

(Case F-67/06) (1)

(Civil Service - Officials - Appointment - Temporary agents appointed as officials - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 234/100

Language of the case: French

Parties

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

Defendant: European Commission (represented by: J. Currall and H. Krämer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and I. Šulce, Agents)

Re:

Annulment of the Commission decision of 8 August 2005 appointing the applicant — at that time a member of the temporary staff in grade A*10, step 2, and a successful candidate in External Competition PE/99/A — as a probationary official in grade A*6, step 2

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to beat their own respective costs.

(1) OJ C 178 of 29.07.06, p. 43.
EN Official Journal of the European Union C 313/58

Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 — Smadja v Commission

(Case F-135/07) (1)

(Staff case - Officials - Recruitment - Appointment - Classification by step - New appointment of the applicant to the same post after his first appointment was annulled by judgment of the Court of First Instance - Principle of proportionality - Principle of the protection of legitimate expectations - Duty to have regard to the welfare of officials)

(2008/C 313/106)

Language of the case: French

Parties

Applicant: Daniele Smadja (New Delhi, India) (represented by: É. Boigelot, lawyer)

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

Re:

First, annulment of the Commission decision appointing the applicant, an official placed initially in Grade A*15, step 4, inasmuch as it places her in grade A*15, step 1 following her re-appointment to the post of Director of Directorate B of RELEX after the annulment of her first appointment, and, second, a claim for non-material and material loss

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Communities of 21 December 2006, placing Ms Smadja in grade A*15, step 1, with seniority in step as at 1 November 2005;

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

(1) OJ C 37, 9.2.2008, p. 35.
EN Official Journal of the European Union C 158/24

Judgment of the Civil Service Tribunal (Third Chamber) of 5 March 2008 — Toronjo Benitez v Commission

(Case F-33/07)

(Civil Service - Officials - Promotion - Former members of the temporary staff whose remuneration falls under research credits - Removal of points from the applicant's balance - Transfer of an official from the Research part to the Operational part of the general budget - Unlawfulness of Article 2 of the Commission's decision of 16 June 2004 on the promotion procedure for officials whose remuneration falls under the ‘Research’ credits of the general budget)

(2008/C 158/41)

Language of the case: French

Parties

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

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

Re:

First, annulment of the Commission's decision to remove the 44,5 points from the applicant's balance which he had accumulated as a member of the temporary staff and, second, a declaration that Article 2 of the Commission's decision on the promotion procedure for officials whose remuneration falls under the ‘Research’ credits of the general budget is unlawful.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;
EN Official Journal of the European Union C 44/72

Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 — Beatriz Acosta Iborra and Others v Commission

(Case F-93/07) (1)

(Staff case - Officials - Promotion - 2006 promotion procedure - Ability to work in a third language)

(2009/C 44/126)

Language of the case: French

Parties

Applicant: Beatriz Acosta Iborra (Alkmaar, Netherlands) and nine other officials of the Commission (represented by: N. Lhoëst, initially, and N. Lhoëst and S. Fernández Menéndez, subsequently, lawyers)

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

Intervener: Council of the European Union (represented by: I. Šulce and M. Simm, Agents)

Re:

Annulment of the decision not to promote the applicants for failure to demonstrate that they were able to work in a third language for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not to promote for the 2006 promotion procedure Ms Acosta Iborra and the nine other officials of the Commission of the European Communities whose names appear annexed to this judgment;

2. Orders the Commission of the European Communities to bear its own costs and to pay the costs of the applicants;

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

(1) OJ C 283, 24.11.2007, p. 44.
EN Official Journal of the European Union C 72/34

Judgment of the Civil Service Tribunal (Second Chamber) of 20 January 2011 — Strack v Commission

(Case F-121/07) (1)

(Civil service - Officials - Access to documents - Regulation (EC) No 1049/2001 - Jurisdiction of the Tribunal - Admissibility - Act adversely affecting an official)

2011/C 72/53

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, and B. Wägenbaur, lawyer)

Re:

Civil service — Annulment of several Commission decisions denying immediate and comprehensive access to different data and documents concerning the applicant. Claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 315, 22.12.2007, p. 50.
EN Official Journal of the European Union C 24/71

Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Zangerl-Posselt v Commission

(Case F-83/07) (1)

(Staff case - Open competition - Candidate not admitted to the practical and oral tests - Qualifications required - Concept of higher education - Age discrimination)

2010/C 24/128

Language of the case: German

Parties

Applicant: Brigitte Zangerl-Posselt (Merzig, Germany) (represented by: S. Paulmann, lawyer)

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

Re:

Annulment of the decision of 18 June 2007 of the selection board of the competition for the establishment of a reserve list for assistants having as their main language German for secretarial duties (AST 1) not to admit the applicant to the practical and oral tests

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Commission, in addition to bearing its own costs, to pay two thirds of those incurred by Ms Zangerl-Posselt;

3. Orders Ms Zangerl-Posselt to bear one third of her costs.

(1) OJ C 235, 6.10.2007, p. 32.