ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 92/47

Judgment of the Civil Service Tribunal (First Chamber) of 21 February 2008 — Skoulidi v Commission

(Case F-4/07) (1)

(Staff cases - Officials - Exchanges of officials between the Commission and the Member States - Making available an EU official to the Greek administration - Refusal - Action for damages - Non-pecuniary loss - Pre-litigation procedure - Admissibility - Substantive conditions giving rise to the non-contractual liability of the Community)

(2008/C 92/94)

Language of the case: French

Parties

Applicant: Eleni-Eleftheria Skoulidi (Brussels, Belgium) (represented by: G. Vandersanden, lawyer)

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

Re:

Action for compensation for non-pecuniary damage suffered by the applicant as a result of the decision of the appointing authority of 28 March 2006, refusing to allow her secondment to the Greek Ministry of National Education and Religious Affairs under the Scheme of Exchanges of officials between the Commission and the Member States

Operative part of the judgment

The Tribunal

1. Dismisses the action;

2. Orders each party to pay its own costs.

(1) OJ C 56, 10.3.2007, p. 44.
EN Official Journal of the European Union C 44/71

Judgment of the Civil Service Tribunal (Second Chamber) of 13 November 2008 — Traore v Commission

(Case F-90/07) (1)

(Staff cases - Officials - Vacancy notice - Rejection of the applicant's candidature - Reassignment - Interest of the service)

(2009/C 44/124)

Language of the case: French

Parties

Applicant: Amadou Traore (Rhode-Saint-Genèse, Belgium) (represented by: E. Boigelot, lawyer)

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

Re:

Annulment of the Commission decisions rejecting the applicant's candidature for the post of chargé d'affaires ad interim at the Commission Delegation in Togo and for the post of Head of Operations at the Commission Delegation in Tanzania — Annulment of the Commission decisions appointing other candidates to those posts — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Director of Resources of the EuropeAid Co-operation Office of the Commission of the European Communities of 12 December 2006 rejecting Mr Traore's candidature for the post of Head of Operations at the Commission Delegation in Tanzania and the decision to appoint Mr S to that post;

2. Dismisses the remainder of the action;

3. Orders Mr Traore to bear half his own costs;

4. Orders the Commission of the European Communities to bear its own costs and to pay half of Mr Traore's costs.

(1) OJ C 269 of 10.11.2007, p. 72.
EN Official Journal of the European Union C 6/44

Judgment of the Civil Service Tribunal (First Chamber) of 25 November 2008 — Pierre Bosman v Council of the European Union

(Case F-145/07) (1)

(Staff case - Former member of the contract staff - Retirement pension - Household allowance - Article 109(3) of the CEOS)

(2009/C 6/89)

Language of the case: French

Parties

Applicant: Pierre Bosman (Lebbeke, Belgium) (represented by: T. Bontinck and P. Gennari Curlo, lawyers)

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

Re:

Annulment of the decision relating to an individual of 28 February 2007 refusing the household allowance for the purposes of the calculation of retirement pension rights, on the basis of Article 109(3) of the Conditions of Employment of Other Servants of the European Communities.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Bosman to pay all the costs, that is to bear his own costs and to pay those of the Council of the European Union.

(1) OJ C 79, 29.3.2008, p. 38.
EN Official Journal of the European Union C 274/31

Judgment of the Civil Service Tribunal (Third Chamber) of 7 July 2010 — Tomas v European Parliament

(Cases F-116/07, F-13/08 and F-31/08) (1)

(Civil service - Members of temporary staff - Article 2(c) of the Conditions of Employment of other servants of the European Communities - Termination of employment - Relationship of trust - Prior consultation of the Parliament’s Staff Committee - None)

2010/C 274/47

Language of the case: Lithuanian

Parties

Applicant: Stanislovas Tomas (Vilnius, Lithuania) (represented by: M. Michalauskas. lawyer)

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

Re:

First, the annulment of the appointing authority's decision to dismiss that applicant and, second, an application for damages for the non-material and material loss suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses applications F-116/07 and F_13/08;

2. Orders the European Parliament to pay Mr Stanislovas Tomas the sum of EUR 1 000, for the non-material damage he has suffered;

3. Dismisses the remainder of the application in F-31/08;

4. Orders each party to bear its own costs relating to all of the actions F-116/07, F-13/08 and F-31/08.

(1) OJ C 64, 8.3.2008, p. 65, OJ C 142, 7.6.2008, p. 39, and OJ C 158, 21.6.2008, p. 26
EN Official Journal of the European Union C 24/72

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

(Case F-124/07) (1)

(Promotion - 2006 promotion exercise - Comparative examination of the merits)

2010/C 24/132

Language of the case: French

Parties

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

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

Re:

Annulment, first, of the decision of the Appointing Authority of the Parliament to allocate two promotion points to the applicant for 2005 and, second, of the decision to not promote the applicant to grade AD 13 for the 2006 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 22, 26.1.2008, p. 56.
1.

Declares that it is not necessary to rule on the action in so far as it is directed against the decision of the European Parliament of 4 June 2007 awarding Mr Behmer two merit points in respect of the year 2004;
EN Official Journal of the European Union C 82/36

Judgment of the Court of First Instance (First Chamber) of 17 February 2009 — Liotti v Commission

(Case F-38/08) (1)

(Staff case - Officials - Appraisal - Career development report - 2006 appraisal procedure - Appraisal rules applied by the reporting officers)

(2009/C 82/62)

Language of the case: French

Parties

Applicant: Amerigo Liotti (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Annulment of the applicant's career development report in respect of 2006.

Operative part of the judgment

The Court:

1. Annuls Mr Liotti's career development report in respect of the period from 1 January to 31 December 2006;

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

(1) OJ C 158, 21.6.2008, p. 26.
EN Official Journal of the European Union C 30/59

Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Schuerings v European Training Foundation (ETF)

(Case F-87/08) (1)

(Civil service - Staff of the European Training Foundation - Temporary Agent - Contract of unlimited duration - Dismissal - Requirement to provide a valid reason - Abolition of a post - Duty of care - Reallocation)

2011/C 30/110

Language of the case: French

Parties

Applicant: Gisela Schuerings (Nice, France) (represented by: N. Lhoest and L. Delhaye, lawyers)

Defendant: European Training Foundation (ETF) (represented by: T. Ciccarone, Agent, assisted by L. Levi, lawyer)

Re:

Annul the defendant’s decision to dismiss the applicant, and order the European Foundation to provide compensation for the pecuniary and non-pecuniary damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Annuls the decision to dismiss Ms Schuerings of 23 October 2007;

2. Dismisses the action as to the remainder;

3. Orders the European Training Foundation (ETF) to pay the costs.

(1) OJ C 327, 20.12.2008, p. 43.
EN Official Journal of the European Union C 209/52

Judgment of the Civil Service Tribunal (1st Chamber) of 11 May 2010 — Nanopoulos v Commission

(Case F-30/08) (1)

(Staff cases - Officials - Jurisdiction of the Civil Service Tribunal - Admissibility - Act adversely affecting an official - Non-contractual liability - Leaks in the press - Principle of the presumption of innocence - Non-material damage - Decision to institute disciplinary proceedings - Manifest error of assessment - Duty to provide assistance - Article 24 of the Staff Regulations)

2010/C 209/79

Language of the case: Greek

Parties

Applicant: Fotios Nanopoulos (Itzig, Luxembourg) (represented by: V. Christianos, D. Gouloussis and V. Vlassi, lawyers)

Defendant: European Commission (represented by: J. Currall and K. Herrmann initially, then by J. Currall and K. Herrmann, Agents, and by E. Bourtzalas and I. Antypas, lawyers)

Re:

Application for an order that the Commission pay the applicant a sum by way of compensation for the damage suffered on account of the infringement of his fundamental rights undermining his honour and his reputation.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay Mr Nanopoulos EUR 90 000;

2. Dismisses the remainder of the action;

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

(1) OJ C 171, 05.07.2008, p. 50.
EN Official Journal of the European Union C 134/52

Judgment of the Civil Service Tribunal (First Chamber) of 9 March 2010 — Tzvetanova v Commission

(Case F-33/09) (1)

(Staff cases - Temporary staff - Remuneration - Expatriation allowance - Conditions laid down in Article 4 of Annex VII to the Staff Regulations - Habitual residence before entering the service - Stay as a student in the place of employment - Training periods outside the place of employment during the reference period - Account taken of actual residence)

2010/C 134/86

Language of the case: French

Parties

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

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

Re:

Annulment of the decision of the Commission to refuse the applicant the benefit of the expatriation allowance provided for in Article 4(1)(a) of Annex VII to the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 10 July 2008 refusing Ms Tzvetanova the benefit of the expatriation allowance provided for in Article 4 of Annex VII to the Staff Regulations;

2. Orders the Commission to pay the costs.

(1) OJ C 129 of 06. 06. 2009, p. 22.
EN Official Journal of the European Union C 317/48

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

(Case F-85/09) (1)

(Civil Service - Officials - 2001/2002 Appraisal - Career Development Report - Compliance with an annulling judgment - Effects of the withdrawal of an act - Establishment of the objectives)

2010/C 317/85

Language of the case: French

Parties

Applicant: Francisco Rossi Ferreras (Luxembourg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Action for annulment of the applicant’s Career Development Report for the period from 1 July 2001 to 31 December 2002

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Rossi Ferreras’s action;

2. Orders Mr Rossi Ferreras to pay all the costs.

(1) OJ C 312, 19/12/2009, p. 45.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 29 June 2010 — Visser-Fornt Raya v European Police Office (Europol)

(Case F-35/09) (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 288/127)

Language of the case: Dutch

Parties

Applicant: Maria Teresa Visser-Fornt Raya (The Hague, 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 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 Visser-Fornt Raya a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 167, of 18.07.09., p 26
EN Official Journal of the European Union C 95/13

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

(Case F-76/09) (1)

(Civil service - Social security - Articles 72 and 76a of the Staff Regulations - General Implementing Provisions - Reliance on care - Surviving spouse of a retired official - Rejection of the request for reimbursement in full of nursing attendance costs and for financial assistance - Action out of time - Inadmissibility)

2011/C 95/19

Language of the case: English

Parties

Applicant: AH (Wavre, Belgium) (represented by: J. Temple Lang, solicitor)

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

Re:

Application for annulment of the decision of 22 June 2009 rejecting the applicant’s request for reimbursement in full of the costs resulting from the treatment of her illness.

Operative part of the judgment

The Tribunal:

1. dismisses the action as inadmissible;

2. orders AH to pay all the costs.

(1) OJ C 297, 05.12.09, p. 36.
EN Official Journal of the European Union C 30/60

Judgment of the Civil Service Tribunal (3rd Chamber) of 28 October 2010 — Cerafogli v European Central Bank (ECB)

(Case F-23/09) (1)

(Civil service - ECB staff - Appointment of a member of staff on an acting basis - Notice of vacancy - Act adversely affecting an official - Placed on leave on account of disability - Legal interest in bringing proceedings)

2011/C 30/113

Language of the case: French

Parties

Applicant: Maria Concetta Cerafogli (Frankfurt-on-Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: F. Feyerbacher and N.Urban, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Application for annulment of the ECB’s Board of Directors’ decision appointing an acting adviser to the Oversight Division and of vacancy notice ECB/074/08, as well as all decisions adopted on the basis of that vacancy notice. In addition, an application to order the defendant to pay compensation for the material and non-material damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 129, 06.06.2009, p. 21.
EN Official Journal of the European Union C 46/26

Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 — Cuallado Martorell v Commission

(Case F-96/09) (1)

(Civil service - Open competition - Non-admission to the oral test following results obtained in written tests - Requests for review - Specific right of candidates to have access to certain information concerning them - Purpose and scope - Right of access to corrected written tests - None)

2013/C 46/46

Language of the case: Spanish

Parties

Applicant: Eva Cuallado Martorell (Augsburg, Germany) (represented by: M. Díez Lorenzo, lawyer)

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

Re:

Civil service — Action seeking, first, annulment of the decision not to admit the applicant to the oral test in Open Competition EPSO/AD/130/08 and to deny her access to the corrected written tests and, secondly, annulment with retroactive effect of the reserve list published following the competition tests.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by Ms Cuallado Martorell.

(1) OJ C 148, 5.6.2010, p. 54.
EN Official Journal of the European Union C 252/50

Judgment of the Civil Service Tribunal (3rd Chamber) of 11 May 2011 — J v Commission

(Case F-53/09) (1)

(Civil service - Officials - Social security - Accident insurance and occupational disease - Article 73 of the Staff Regulations - Refusal to recognise the cause of an occupational disease - Obligation to conduct the procedure within a reasonable period)

2011/C 252/106

Language of the case: French

Parties

Applicant: J (London, United Kingdom) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

Annulment of the decision rejecting the applicant’s claim that the disease from which she is suffering should be recognised as an occupational disease, and of the decision to charge her for the fees and costs of the doctor whom she designated and 50 % of the fees and incidental costs of the third doctor on the medical committee

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay the applicant damages of one euro;

2. Dismisses the other claims in the action;

3. Orders the European Commission to pay, as well as its own costs, one quarter of the applicant’s costs;

4. Orders the applicant to bear three-quarters of her own costs.

(1) OJ C 180, of 01.08.2009, p. 64.
EN Official Journal of the European Union C 340/37

Judgment of the Civil Service Tribunal (First Chamber) of 28 September 2011 — De Nicola v EIB

(Case F-13/10) (1)

(Staff cases - Staff of the European Investment Bank - Assessment - Promotion - Action for damages - Admissibility)

2011/C 340/73

Language of the case: Italian

Parties

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

Defendant: European Investment Bank (represented by: T. Gilliams and F. Martin, Agents, assisted by A. Dal Ferro, lawyer)

Re:

First, application for annulment of the decision of the Appeals Committee rejecting the applicant’s appeal against the assessment of his work during 2008 and annulment of the staff report for 2008. Second, an application for an order that the EIB pay compensation for the material and non material damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr De Nicola to bear his own costs and to pay half the costs of the European Investment Bank;

3. Orders the European Investment Bank to bear half its own costs.

(1) OJ C 134 of 22.05.10, p. 53.
EN Official Journal of the European Union C 232/41

Judgment of the Civil Service Tribunal (First Chamber) of 28 June 2011 — Mora Carrasco and Others v European Parliament

(Case F-128/10) (1)

(Civil service - Officials - Inter-institutional transfer in the course of the promotion period during which the official would have been promoted in his institution of origin - Competent institution to decide on the promotion of the transferred official)

2011/C 232/73

Language of the case: French

Parties

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

Defendant: European Parliament (represented by: O. Caisou-Rousseau and J.F. de Wachter, agents)

Re:

Action for annulment of the decisions not to promote the applicants in the 2009 promotion period

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Parliament to bear the costs of the applicants in addition to its own costs.

(1) OJ C 63, 26.2.2011, p. 35.
EN Official Journal of the European Union C 138/24

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

(Case F-72/10) (1)

(Civil service - Officials - Recruitment - Article 7(1) of the Staff Regulations - Article 29(1)(a) and (b) of the Staff Regulations - Manifest error of assessment - Misuse of powers - Statement of reasons)

2012/C 138/46

Language of the case: French

Parties

Applicant: da Silva Tenreiro (Kraiinem, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

(1) Application for annulment of the decision rejecting the applicant’s candidature for the post of Director of Directorate E ‘Justice’ of the DG ‘Justice, Freedom and Security’ and the decision appointing the new Director; (2) Application for annulment of the decision to terminate the procedure for filling the post of Director of DG JLS.F ‘Security’ and the decision to appoint the new Director.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) OJ C 317, 20.11.2010, p. 49.
EN Official Journal of the European Union C 138/27

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Michael Heath v ECB

(Case F-121/10) (1)

(Civil Service - ECB Staff - Pension scheme - Pension plan - Annual pension increase - Harmonised index of consumer prices - Opinion of pension plan actuary - Consultation of staff committee - Consultation of oversight committee - Right to negotiate by collective agreement)

2012/C 138/55

Language of the case: French

Parties

Applicant: Michael Heath (Southampton, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: P. Embley and E. Carlini, agents, and B. Wägenbaur, lawyer)

Re:

Application to annul the applicant’s pension slips for January 2010 and the following months, in so far as they apply a pension increase of 0.6% following the 2010 pension adjustment exercise, and compensation for the damage suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Heath to bear his own costs and to pay the costs of the European Central Bank.

(1) OJ C 30, 29.1.2011, p. 67.
EN Official Journal of the European Union C 38/29

Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Maria Concetta Cerafogli v ECB

(Case F-43/10) (1)

(Civil service - Staff of the ECB - Complaint of psychological harassment - Administrative inquiry - Access to the file of the inquiry - Report on the inquiry - Manifest error of assessment)

2013/C 38/54

Language of the case: English

Parties

Applicant: Maria Concetta Cerafogli (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: P. Embley and F. Feyerbacher, Agents, assisted by B. Wägenbaur, lawyer)

Re:

The annulment of the decision of the ECB rejecting the applicant’s complaints of discrimination and damage to her dignity caused by the conduct of her management and a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Declares that Mrs Cerafogli must bear her own costs and orders her to pay the costs of the European Central Bank.

(1) OJ C 209, 31.7.2010, p. 56.