ddrg/super_eurlex huggingface dataset:
Judgment of the Civil Service Tribunal (3rd Chamber) of 17 September 2014 — Wahlström v Frontex

(Case F-117/13) (1)

((Civil service - Frontex staff - Temporary staff - Non-renewal of a fixed term contract - Renewal procedure - Article 41(2)(a) of the Charter of Fundamental Rights of the European Union - Right to be heard - Infringement - Influence on the content of the decision))

(2014/C 395/79)

Language of the case: English

Parties

Applicant: Kari Wahlström (Espoo, Finland) (represented by: S. Pappas, lawyer)

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (represented by: S. Vuorensola and H. Caniard, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision not to renew the applicant’s contract as a member of the temporary staff after the annulment, by the Civil Service Tribunal in Case F-87/11, of the first decision of non-renewal of his contract.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, of 19 February 2013, not to renew Mr Wahlström’s contract as a member of the temporary staff;

2. Dismisses the action as to the remainder;

3. Declares that the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union is to bear its own costs and orders it to pay Mr Wahlström’s costs.

(1) OJ C 31, 1/2/2014, p. 23.
EN Official Journal of the European Union C 159/39

Judgment of the Civil Service Tribunal (Third Chamber) of 9 April 2014 — Rouffaud v EEAS

(Case F-59/13) (1)

((Civil Service - Auxiliary member of contract staff - Reclassification of the contract - Pre-litigation procedure - Rule that the complaint must be consistent with the action - Amendment of the grounds of challenge in the case))

2014/C 159/53

Language of the case: French

Parties

Applicant: Thierry Rouffaud (Ixelles, Belgium) (represented initially by: A. Coolen, É. Marchal, S. Orlandi and D. Abreu Caldas, and subsequently by: S. Orlandi and D. Abreu Caldas, lawyers)

Defendant: European External Action Service (EEAS) (represented by: S. Marquardt and M. Silva, acting as Agents)

Re:

Application for annulment of the decision rejecting the applicant’s application to have his successive fixed-term employment contracts reclassified as a contract of indefinite duration and to have his period completed as an auxiliary member of the contract staff recognised as a period of service completed as a member of the contract staff.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Rouffard to bear his own costs and to pay the costs incurred by the European External Action Service.

(1) OJ C 233, 10.8.2013, p. 14.
EN Official Journal of the European Union C 155/41

Judgment of the Civil Service Tribunal (First Chamber) of 26 March 2015 — CW v Parliament

(Case F-124/13) (1)

((Civil service - Officials - Action for annulment - Article 12a of the Staff Regulations - Internal Rules for the Advisory Committee on Harassment and its Prevention in the Workplace - Article 24 of the Staff Regulations - Request for assistance - Manifest errors of assessment - None - Role and powers of the Advisory Committee on Harassment and its Prevention in the Workplace - Option for an official to approach the Committee - Action for damages))

(2015/C 155/59)

Language of the case: English

Parties

Applicant: CW (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Parliament (represented by: E. Taneva and M. Dean, acting as Agents)

Re:

Annulment of the decision of the Appointing Authority refusing to grant the request for assistance submitted by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that the European Parliament is to bear its own costs and orders it to pay half of the costs incurred by CW;

3. Declares that CW is to bear half of her own costs.

(1) OJ C 52, 22.2.2014, p. 54.
EN Official Journal of the European Union C 421/50

Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2014 — Radelet v European Commission

(Case F-7/13) (1)

((Civil Service - Officials posted to a third country - Articles 5 and 23 of Annex X to the Staff Regulations - Provision of accommodation by the institution - Authorisation given to the official to rent accommodation - Action for compensation - Non-pecuniary loss - Allocation of uncomfortable and insalubrious accommodation - Lack of proof))

2014/C 421/69

Language of the case: French

Parties

Applicant: Luc Radelet (Antananarivo, Madagascar) (represented by: É. Boigelot, lawyer)

Defendant: European Commission (represented by: B. Eggers and C. Ehrbar, acting as Agents)

Re:

Civil Service — Application for annulment of the decision rejecting the claim against the decision taken in response to the request of the applicant, posted to the Commission Delegation in Antananarivo, Madagascar, for compensation for the difficulties encountered when taking up his residence in that city.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Radelet to bear his own costs and to pay the costs incurred by the European Commission.

(1) OJ C 114, 20.4.2013, p. 47.
EN Official Journal of the European Union C 146/45

Judgment of the Civil Service Tribunal (Third Chamber) of 18 March 2015 — Ribeiro Sinde Monteiro v EEAS

(Case F-51/14) (1)

((Civil service - EEAS staff - Official - Promotion - Articles 43 and 45(1) of the Staff Regulations - Consideration of comparative merits of all officials eligible for promotion - Officials proposed by the EEAS services and officials not proposed - Taking into account staff reports - Purely literal assessments))

(2015/C 146/61)

Language of the case: French

Parties

Applicant: Manuel Jaime Ribeiro Sinde Monteiro (Brussles, Belgium) (represented by: initially D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently J.-N. Louis, lawyer)

Defendant: European External Action Service (EEAS) (represented by: S. Marquardt and M. Silva, Agents)

Re:

Application for annulment of the decision not to promote the applicant to Grade AST 3 in the 2013 promotion exercise and seeking damages for the non-material loss allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the appointing authority of the European External Action Services of 9 October 2013 fixing the list of officials promoted in the 2013 promotion exercise in so far as the name of Mr Riberio Sinde Monteiro is not included on that list.

2. There is no need to rule on the application as to the remainder.

3. Orders the European External Action Service to bear its own costs and to pay the costs the costs incurred by Mr Ribeiro Sinde Monteiro.

(1) OJ C 292, 1.9.2014, p. 62.
Case F-34/14: Judgment of the Civil Service Tribunal (Third Chamber) of 8 July 2015 — DP v ACER (Civil service — ACER staff — Member of the contract staff — Non-renewal of a contract — Action for annulment — Admissibility of the action — Plea of illegality of Article 6(2) of ACER’s GIP having regard to Article 85(1) of the CEOS — Action for damages — Notice period — Non-material harm — Damages)

Judgment of the Civil Service Tribunal (Third Chamber) of 8 July 2015 — DP v ACER

(Case F-34/14) ( 1 )

‛(Civil service — ACER staff — Member of the contract staff — Non-renewal of a contract — Action for annulment — Admissibility of the action — Plea of illegality of Article 6(2) of ACER’s GIP having regard to Article 85(1) of the CEOS — Action for damages — Notice period — Non-material harm — Damages)’

Parties

Applicant: DP (represented by: S. Pappas, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and S. Vaona, acting as Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

Annulment of the decision not to renew the applicant’s contractual agent contract and a claim of damages.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of 20 December 2013 by which the Director of the Agency for the Cooperation of Energy Regulators refused to renew DP’s contract;

2) Orders the Agency for the Cooperation of Energy Regulators to pay DP the sum of EUR 7000;

3) Declares that the Agency for the Cooperation of Energy Regulators is to bear its own costs and orders it to pay the costs incurred by DP.

( 1 ) OJ 2014 C 184, p. 46.
EN Official Journal of the European Union C 213/44

Judgment of the Civil Service Tribunal (First Chamber) of 18 May 2015 — Pohjanmäki v Council

(Case F-44/14) (1)

((Civil service - Officials - Promotion - Consideration of comparative merits - Respective roles of the Appointing Authority and of the JCC - Absence of staff reports - Failure by members of the JCC to consult staff reports - Compatibility of the functions of the rapporteur with the JCC and of the former assessor - Manifest error of assessment - Seniority in grade - Level of responsibilities exercised - Duty of care))

(2015/C 213/71)

Language of the case: French

Parties

Applicant: Jaana Pohjanmäki (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer, E. Rebasti and M. Veiga, acting as Agents)

Re:

The application, first, to annul the Council’s decision not to promote the applicant to grade AD 13 and, second, to award damages for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1) Dismisses the action;

2) Declares that Ms Pohjanmäki is to bear half of her own costs;

3) Declares that the Council of the European Union is to bear its own costs and to pay half of the costs incurred by Ms Pohjanmäki.

(1) OJ C 212, 7/7/2014, p. 46.
EN Official Journal of the European Union C 48/93

Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2015 — Clarke, Dickmanns and Papathanasiou v OHIM

(Joined cases F-101/14, F-102/14 and F-103/14) (1)

((Civil service - Temporary staff - OHIM staff - Fixed-term contract including a termination clause - Clause terminating a contract if the agent is not included on the reserve list of a competition - Date of effect of the termination clause - OHIM/AD/01/13 and OHIM/AST/02/13 open competitions))

(2016/C 048/105)

Language of the case: German

Parties

Applicants: Nicole Clarke, Sigrid Dickmanns and Elisavet Papathanasiou (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Lukošiūtė, acting as Agent, and B. Wägenbaur, lawyer)

Re:

First, the action for annulment of the defendant’s decision to apply in the context of the open competitions OHIM/AD/01/13 and OHIM/AST/02/13 the clause contained in the applicants’ contracts of employment, which provides for the termination of the contract in the event of their failing the next open competition for their function groups with the specialisation ‘industrial property’, and, secondly, the claim that OHIM be ordered to pay compensation in respect of the non-material damage and material damage caused to the applicants.

Operative part of the judgment

The Tribunal:

1. Dismisses the actions.

2. Declares that Ms Clarke, Ms Papathanasiou and Ms Dickmanns shall bear their own costs and orders them to pay half the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

3. Declares that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) shall bear half of its own costs.

(1) OJ C 7, 12.1.2015, p. 50, p. 51 and p. 52.
EN Official Journal of the European Union C 48/97

Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2015 — Bonazzi v Commission

(Case F-88/15) (1)

((Civil service - Officials - Promotion exercise 2014 - General implementing provisions for Article 45 of the Staff Regulations - List of officials proposed for promotion by the Directorates-General and the services - Omission of the applicant’s name - Whether the list of officials proposed for promotion may be challenged before the Joint Promotion Committee - Failure to define a position by the Joint Promotion Committee - Consideration of comparative merits made by the appointing authority alone))

(2016/C 048/111)

Language of the case: French

Parties

Applicant: Matteo Bonazzi (Brussels, Belgium) (represented by: M. Velardo, lawyer)

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

Re:

Annulment of the decision not to promote the applicant to the next grade (AD 12) in the European Commission’s promotion exercise 2014 and the claim for damages for the non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Bonazzi shall bear his own costs and orders him to pay the costs incurred by the European Commission.

(1) OJ C 279, 24. 8.2015, p. 61.
1.

Annuls the decision of 6 October 2014 closing the procedure opened under Article 73 of the Staff Regulations of Officials of the European Union following the accident of 8 December 2003, of which Mr Guittet was the victim, in so far as that decision fixed at 65 % the rate of partial permanent invalidity granted to Mr Guittet under Article 12 of the rules common to the institutions of the European Union on insurance against the risk of accident and of occupational disease, in the version in force prior to 1 January 2006;
EN Official Journal of the European Union C 156/55

Judgment of the Civil Service Tribunal (Second Chamber) of 17 March 2016 — Pasqualetti v Commission

(Case F-2/15) (1)

((Civil service - Member of the temporary staff recruited by the EEAS - Installation allowance - Daily subsistence allowance - Place of origin - Place of recruitment - Change in the place of residence - Action for annulment - Action for damages - Unlimited jurisdiction))

(2016/C 156/76)

Language of the case: English

Parties

Applicant: Gergő Pasqualetti (Brussels, Belgium) (represented by: A. Véghely, lawyer)

Defendant: European Commission (represented initially by J. Currall and T. S. Bohr, acting as Agents, and subsequently by T. S. Bohr, acting as Agent)

Re:

Application for annulment of the decision refusing to grant the applicant the installation allowance and the daily subsistence allowance and application seeking an order that the Commission pay him those allowances together with interest.

Operative part of the judgment

The Tribunal:

1. Annuls the Commission’s decision of 4 March 2014, by which it refused to grant Mr Pasqualetti entitlement to the installation allowance and the daily subsistence allowance, provided for in Article 5(1) and Article 10(1) of Annex VII to the Staff Regulations;

2. Orders the European Commission to pay Mr Pasqualetti, in accordance with the rules in the Staff Regulations as currently in force, the allowances referred to in paragraph 1 of the operative part, together with default interest, from the dates on which they became payable respectively until the date of actual payment, at the rate fixed by the European Central Bank for its main refinancing operations and applicable during the period concerned, increased by two points;

3. Declares that the European Commission shall bear its own costs and orders it to pay those incurred by Mr Pasqualetti.

(1) OJ C 96, 23/3/2015, p. 25.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — GY v Commission

(Case F-123/15) (1)

((Civil service - Open Competition - Notice of competition EPSO/AD/293/14 - Insufficient number of points in the ‘Talent Screen Test’ - Non-admission to the assessment centre - Rejection of the request for review))

(2016/C 364/42)

Language of the case: French

Parties

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

Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, acting as Agents)

Re:

Annulment of the decision of the selection board in competition EPSO/AD/293/14 not to award the applicant a sufficient number of points for admission to the assessment centre.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 11 June 2015 by which the selection board of Open Competition EPSO/AD/293/14 refused to admit GY to the selection tests organised at the assessment centre;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by GY.

(1) OJ C 398, 30/11/2015, p. 79.
Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — HB v Commission

(Case F-125/15) (1)

((Civil service - Officials - 2014 promotion exercise - Article 45(1) of the Staff Regulations - Comparison of the merits - 2011 and 2012 staff reports - Absence of several months due to maternity leave in 2013 - Staff report lacking any substantive assessment for the year in question - Decision not to promote the applicant in 2014 - Duty to provide a statement of reasons - Consideration of the comparative merits - No recommendation from the Joint Promotion Committee - Access to the applicant’s individual computerised file - Composition of the Joint Promotion Committee - Discrimination based on gender - Non-material damage))

(2016/C 364/43)

Language of the case: French

Parties

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

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

Re:

Application for annulment of the Commission’s decision not to promote the applicant to grade AD 8 in the 2014 promotion exercise and compensation for the non-material damage which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders HB to bear half of her own costs;

3. Orders the European Commission to bear its own costs and to pay half of HB’s costs.

(1) OJ C 398, 30/11/2015, p. 80.
EN Official Journal of the European Union C 24/82

Order of the Civil Service Tribunal of 17 September 2009 — Callewaert v Commission

(Case F-28/05) (1)

2010/C 24/158

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 193, 06.08.2005, p. 29 (case initially lodged before the Court of First Instance of the European Communities under number T-192/05 and transferred to the European Union Civil Service Court by order of 15.12.2005).
EN Official Journal of the European Union C 301/67

Order of the Civil Service Tribunal of 23 September 2008 — Adolf and Others v Commission

(Case F-128/05) (1)

(2008/C 301/131)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 60, 11.3.2006, p. 56.
EN Official Journal of the European Union C 317/51

Order of the Civil Service Tribunal of 16 September 2010 — Blank and Others v Commission

(Case F-103/06) (1)

()

2010/C 317/94

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 261, 28.10.2006, p. 35.
EN Official Journal of the European Union C 301/68

Order of the Civil Service Tribunal of 4 September 2008 — Duyster v Commission

(Case F-81/06) (1)

(2008/C 301/136)

Language of the case: Dutch

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.

(1) OJ C 261, 28.10.2006, p. 34.
EN Official Journal of the European Union C 209/72

Order of the Civil Service Tribunal (Second Chamber) of 26 June 2008 — Nijs v Court of Auditors

(Case F-5/07) (1)

(Staff case - Officials - Article 44(1)(c) of the Rules of Procedure of the Court of First Instance - Summary of the pleas in law in the action - Time-limit for complaints - Manifest inadmissibility)

(2008/C 209/131)

Language of the case: French

Parties

Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger, lawyer)

Defendant: Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Stenier, G. Corstens and J. Vermer, Agents)

Re:

Annulment of the decision of the appointing authority not to promote the applicant to Grade A*11 pursuant to the 2006 promotion year — Annulment of a series of decisions concerning the career of the applicant and of other officials of the Court of Auditors — Annulment of the result of the Court of Auditor's Staff Committee election of 2006 — Claim for damages

Operative part of the order

1. The action is dismissed as partly manifestly inadmissible and partly manifestly unfounded.

2. Mr Nijs is ordered to pay all the costs.

(1) OJ C 56, 10.3.2007, p. 44.
EN Official Journal of the European Union C 64/71

Order of the Civil Service Tribunal (First Chamber) of 23 January 2008 — De Fays v Commission

(Case F-62/07) (1)

(2008/C 64/118)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.

(1) OJ C 199, 25.8.2007, p. 53.
EN Official Journal of the European Union C 340/39

Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Prieto v Parliament

(Case F-42/07) (1)

(Staff case - Officials - Appointment - Internal competition published before 1 May 2004 - Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 - Grading - Articles 5(4) and 13(1) of Annex XIII to the Staff Regulations - Secretarial allowance - Action in part clearly inadmissible and in part clearly unfounded)

2011/C 340/79

Language of the case: French

Parties

Applicant: Antonio Prieto (Bousval, Belgium) (represented by É. Boigelot, lawyer)

Defendant: European Parliament (represented, initially, by C. Burgos and K. Zejdová, and subsequently by K. Zejdová and N.B. Rasmussen, acting as Agents)

Re:

Annulment of the decision of the 9 June 2006 appointing the applicant, at that time a member of the temporary staff in Grade AST 3 and a successful candidate in internal competition C/348 for career C5-4, a probationary official in Grade AST 2, step 3.

Operative part of the order

1. The action of MrPrieto is dismissed.

2. Each party is ordered to bear its own costs.

(1) OJ C 140 of 23.06.07, p. 47.
EN Official Journal of the European Union C 267/86

Order of the Civil Service Tribunal of 25 September 2009 — Caleprico v Commission

(Case F-38/07) (1)

2009/C 267/157

Language of the case: Italian

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 140, 23.6.2007, p. 45.
EN Official Journal of the European Union C 44/73

Order of the Civil Service Tribunal (Third Chamber) of 30 October 2008 — Ortega Serrano v Commission

(Case F-48/08) (1)

(Staff case - Manifestly inadmissible - Impossible for applicant to be represented by a lawyer who is not a third party - Legal aid - Application to intervene)

(2009/C 44/129)

Language of the case: Spanish

Parties

Applicant: Antonio Ortega Serrano (Cádiz, Spain) (represented by: A. Ortega Serrano, lawyer)

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

Re:

Annulment of the Selection Board's decision in competition EPSO/AD/26/05, refusing to enter the applicant in the reserve list, and fixing of a new date for the oral test.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Ortega Serrano's alternative claim, that he should be allowed to put his application in order, is dismissed.

3. Mr Ortega Serrano is ordered to pay the costs.

4. It is not necessary to rule on the application to intervene.

5. The European Data Protection Supervisor is to bear the costs relating to his application to intervene.

6. The application for legal aid in Case F-48/08 AJ Ortega Serrano v Commission is dismissed.

(1) OJ C 171, 5.7.2008, p. 52.