ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 252/51

Order of the Civil Service Tribunal (First Chamber) of 25 June 2013 — Marcuccio v Commission

(Case F-28/12) (1)

(Civil service - Request to remove a sentence from a medical report - Accident or occupational disease - Implied rejection of the request)

2013/C 252/93

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents, and A. Dal Ferro, lawyer)

Re:

Application to annul the implied decision refusing the applicant’s request to remove a sentence from the medical report of 28 February 2008, to send a new report thus amended to the doctor chosen by the applicant and also in general remove from the file on the applicant’s work-related injury any information relating the claim, which the applicant maintains is incorrect, that the powder with which the applicant came into contact was ultimately shown to be the white dust of a copy of a newspaper to which the applicant subscribed.

Operative part of the order

1. The action is dismissed as manifestly unfounded.

2. Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission.

3. Mr Marcuccio is ordered to pay to the Civil Service Tribunal of the European Union the sum of EUR 2 000.

(1) OJ C 174, 16.6.2012, p. 31.
EN Official Journal of the European Union C 114/48

Order of the Civil Service Tribunal of 27 February 2013 — Kimman v Commission

(Case F-16/12) (1)

2013/C 114/74

Language of the case: French

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

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

Order of the Civil Service Tribunal (3rd Chamber) of 18 September 2014 — Marcuccio v Commission

(Case F-149/12) (1)

((Civil service - Invalidity - Invalidity allowance - Amounts withheld from the invalidity allowance))

(2014/C 395/81)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

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

Re:

Application for annulment of the monthly recovery of EUR 500, withheld from the applicant’s invalidity allowance for the months of April to June 2012.

Operative part of the order

1. The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded.

2. Mr Marcuccio is to bear his own costs and is ordered to pay the costs incurred by the European Commission.

(1) OJ C 108 of 13/04/2013, p. 38.
EN Official Journal of the European Union C 31/20

Order of the Civil Service Tribunal (Third Chamber) of 12 December 2013 — Marcuccio v Commission

(Case F-58/12) (1)

(Civil service - Decision to retire an official on grounds of invalidity - Annulment by the Tribunal on the ground of failure to state reasons - Request for implementation of the judgment - Request for reinstatement - Judgment of the Tribunal set aside - No interest in bringing proceedings - Article 266 TEU - Non-contractual liability of the institution - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

2014/C 31/35

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s implied decision refusing the applicant’s request to implement the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission and, on that basis, assignment of the applicant to duties relating to a post in the function group corresponding to the former’s grade and an application for damages.

Operative part of the order

1. The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law.

2. Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission.

(1) OJ C 295, 29.09.2012, p. 33.
EN Official Journal of the European Union C 410/38

Order of the Civil Service Tribunal (3rd Chamber) of 15 June 2016 — Stepien and Animali v Commission

(Case F-61/12) (1)

((Civil service - Officials - Pensions - Transfer of national pension rights - Proposals concerning additional pensionable years - Act not having an adverse effect - Inadmissibility of the action - Application for a decision not going to the substance of the case - Article 83 of the Rules of Procedure))

(2016/C 410/68)

Language of the case: French

Parties

Applicant: Beata Stepien (Brussels, Belgium) and Mario Animali (Brussels, Belgium) (represented by: initially D. de Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers, then D. de Abreu Caldas, J.-N. Louis and S. Orlandi, lawyers, subsequently J.-N. Louis and S. Orlandi, lawyers, and, lastly, J.-N. Louis, lawyer)

Defendant: European Commission (represented by: initially J. Baquero Cruz and D. Martin, Agents, then J. Currall and G. Gattinara, Agents, subsequently G. Gattinara, Agent, lastly G. Gattinara and F. Simonetti, Agents)

Re:

Application for annulment of the proposals to transfer the pension rights acquired prior to entering the service of the Commission on the basis of a calculation which takes into account the new GIP entering into force after the applicants had submitted their requests to transfer their pension rights.

Operative part of the order

1. The action is dismissed.

2. Ms Beata Stepien and Mr Mario Animali shall bear their own costs and pay the costs incurred by the European Commission.

(1) OJ C 227, 28/7/2012, p. 38.
Order of the Civil Service Tribunal (1st Chamber) of 3 May 2016 — Noël v Commission

(Case F-31/12) (1)

((Civil service - Officials - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Pension rights acquired, prior to entering the service of the EU, under a national pension scheme - Transfer to the EU pension scheme - Initial proposal concerning the crediting of pensionable years, made by the appointing authority and accepted by the person concerned - Withdrawal of that proposal - New proposal based on new general implementing provisions - Objection of inadmissibility - Concept of an act having adverse effect - Article 83 of the Rules of Procedure))

(2016/C 222/53)

Language of the case: French

Parties

Applicant: Marc Noël (Bergen, the Netherlands) (represented by: initially, D. de Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers, then D. de Abreu Caldas, J.-N. Louis and S. Orlandi, lawyers, and lastly, J.-N. Louis, lawyer)

Defendant: European Commission (represented by: initially, D. Martin and J. Baquero Cruz, Agents, then J. Currall and G. Gattinara, Agents, then G. Gattinara, Agent, and lastly, G. Gattinara and F. Simonetti, Agents)

Re:

Application for annulment of the decisions to transfer the pension rights acquired prior to entering the service of the Commission on the basis of the PMO’s recalculated proposition.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Marc Noël shall bear his own costs and pay the costs incurred by the European Commission.

(1) OJ C 133, 5/5/2012, p. 31.
EN Official Journal of the European Union C 39/30

Order of the Civil Service Tribunal (First Chamber) of 16 December 2013 — Roda v Commission

(Case F-30/13)

(Civil service - Survivor’s pension - Death of former spouse - Maintenance - Pre-litigation procedure - Requirement of a complaint - Unduly late - Manifest inadmissibility)

2014/C 39/55

Language of the case: Italian

Parties

Applicant: Silvana Roda (Ispra, Italy) (represented by: L. Ribolzi, lawyer)

Defendant: European Commission

Re:

Application for annulment of the Commission’s decision rejecting the applicant’s request to receive a survivor’s pension at the rate of 60 % of the last basic salary of her late ex-husband.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.
EN Official Journal of the European Union C 409/66

Order of the Civil Service Tribunal (3rd Chamber) of 10 September 2014 — Carneiro v Europol

(Case F-122/13) (1)

((Civil service - Europol staff - Non-renewal of a fixed-term contract - Reclassification of a fixed-term contract as a contract of indefinite duration - Action in part manifestly inadmissible and in part manifestly lacking any legal basis))

2014/C 409/89

Language of the case: French

Parties

Applicant: Maria José Carneiro (Brussels, Belgium) (represented by: J. Kempeners and M. Itani, lawyers)

Defendant: European Police Office (represented by: D. Neumann and J. Arnould, Agents)

Re:

Application for annulment of Europol’s decision not to extend the applicant’s contract for an indefinite duration and an application for an order that Europol pay the difference between the remuneration which she could have continued to receive from Europol and any other allowance which she actually received.

Operative part of the order

1. The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any legal basis.

2. Ms Carneiro is to bear her own costs and is ordered to pay the costs incurred by the European Police Office.

(1) OJ C 52 of 22/02/2014, p. 53.
EN Official Journal of the European Union C 129/36

Order of the Civil Service Tribunal (3rd Chamber) of 5 March 2014 — DC v Europol

(Case F-77/13) (1)

((Civil service - Europol staff - Invalidity - Invalidity allowance - Calculation of interest - Application for damages - Manifest inadmissibility))

2014/C 129/44

Language of the case: Dutch

Parties

Applicant: DC (represented by: W. Brouwer, lawyer)

Defendant: European Police Office (Europol) (represented by: D.C. Neumann and J. Arnould, Agents)

Re:

Application to annul the decision fixing the interest payable on the sum paid in respect of total incapacity for work following two accidents which occurred during two work-related journeys.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. DC is to bear his own costs and is ordered to pay the costs incurred by the European Police Office.

(1) OJ C 352, 30.11.2013, p. 27.
EN Official Journal of the European Union C 389/66

Order of the Civil Service Tribunal (Second Chamber) of 15 October 2015 — DI v EASO

(Case F-113/13)

((Civil Service - EASO staff - Contractual staff - Probationary period - Dismissed as manifestly unsuitable - Action for annulment - Lack of concordance between the application and the claim - Manifest inadmissibility - Action for damages))

(2015/C 389/75)

Language of the case: English

Parties

Applicant: DI (represented by: I. Vlaic, lawyer)

Defendant: European Asylum Support Office (EASO) (represented by: L. Cerdán Ortiz-Quintana, acting as Agent, and D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision of the European Asylum Support Office (EASO) to terminate the applicant’s employment contract after the probationary period, which was extended by three months.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.
EN Official Journal of the European Union C 421/57

Order of the Civil Service Tribunal (First Chamber) of 18 September 2014 — Lebedef v Commission

(Case F-118/13) (1)

((Civil service - Preliminary issues - Manifest inadmissibility))

2014/C 421/82

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Application for annulment of the Career Development Report relating to the period from 1 July 2001 to 31 December 2002 and annulment of the merit points awarded during the 2003 promotion exercise.

Operative part of the order

1. The action is dismissed as being manifestly inadmissible.

2. Mr Lebedef shall bear his own costs and pay those incurred by the European Commission.

(1) OJ C 52 of 22/02/2014, p. 53.
Official Journal of the European Union

Order of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — Martens and Olsson v Commission

(Case F-119/13) (1)

((Civil service - Officials - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Pension rights acquired, prior to entering the service of the EU, under a national pension scheme - Transfer to the EU pension scheme - Proposal concerning additional pensionable years - Objection of inadmissibility - Concept of an act having adverse effect - Article 83 of the Rules of Procedure))

(2016/C 364/60)

Language of the case: French

Parties

Applicants: Lieve Martens (Kessel-Lo, Belgium) and Björn Mikael Olsson (Brussels, Belgium) (represented initially by D. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently by J.-N. Louis, lawyer)

Defendant: European Commission (represented initially by J. Currall and G. Gattinara, acting as Agents, and subsequently by G. Gattinara, acting as Agent, and lastly by G. Gattinara and F. Simonetti, acting as Agents)

Re:

Application for annulment of the decisions relating to the transfer of the applicants’ pension rights to the European Union pension scheme which apply the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Ms Lieve Martens and Mr Björn Mikael Olsson shall bear their own costs and pay the costs incurred by the European Commission.

(1) OJ C 129, 28/4/2014, p. 37.
Official Journal of the European Union

Order of the Civil Service Tribunal of 29 April 2016 — UB (*1) v Commission

(Case F-35/13) (1)

(2016/C 222/61)

Language of the case: French

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

(*1) Information erased or replaced within the framework of protection of personal data and/or confidentiality.

(1) OJ C 207, 20/7/2013, p. 58.
EN Official Journal of the European Union C 81/30

Order of the Civil Service Tribunal of 12 January 2015 — DQ and Others v European Parliament

(Case F-49/14) (1)

(2015/C 081/40)

Language of the case: French

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

(1) OJ C 292, 1/9/14, p. 62.
EN Official Journal of the European Union C 136/50

Order of the Civil Service Tribunal of 26 February 2016 — Wisniewski v Commission

(Case F-29/14) (1)

(2016/C 136/72)

Language of the case: French

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

(1) OJ C 184, 16/6/2014, p. 44.
EN Official Journal of the European Union C 279/53

Order of the Civil Service Tribunal (First Chamber) of 14 July 2015 — Roda v Commission

(Case F-109/14) (1)

((Civil Service - Remuneration - Survivor’s pension - Article 27 of Annex VIII to the Staff Regulations - Right of the divorced spouse of the deceased official - Alimony paid by the deceased official - Capping of the survivor’s pension - Action manifestly unfounded))

(2015/C 279/66)

Language of the case: Italian

Parties

Applicant: Silvana Roda (Ispra, Italy) (represented by: L. Ribolzi, lawyer)

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

Re:

Application for annulment of the Commission’s decision not to increase the amount of the survivor’s pension of which the applicant, who is the ex-spouse of a deceased official, is the beneficiary.

Operative part of the order

1. The action is dismissed as manifestly unfounded.

2. Orders Ms Roda to bear her own costs and to pay the costs incurred by the European Commission.

(1) OJ C 7, 12.1.15, p. 54.
Order of the Civil Service Tribunal (Third Chamber) of 21 July 2016 — Simon v Commission

(Case F-70/14 DISS) (1)

((Civil Service - Officials - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Pension rights acquired before entering the service of the European Union under a national pension scheme - Transfer to the EU pension scheme - Proposal concerning additional pensionable years - Concept of a measure having an adverse effect - Manifest inadmissibility - Article 81 of the Rules of Procedure))

(2016/C 364/65)

Language of the case: French

Parties

Applicant: Anne-Claire Simon (Brussels, Belgium) (represented initially by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently by: J.-N. Louis, lawyer)

Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, acting as Agents, subsequently by: G. Gattinara, acting as Agent, and lastly by: G. Gattinara and F. Simonetti, acting as Agents)

Subject matter of the case

Application for annulment of the decision concerning the transfer of the applicant’s pension rights to the European Union pension scheme which applies the new General Implementing Provisions (GIPs) of 3 March 2011 for Article 11(2) of Annex VIII to the Staff Regulations and, in the alternative, an application seeking an order that the Commission compensate the applicant for the harm resulting from the excessively long period taken to deal with her transfer application.

Operative part of the order

1) The action is dismissed as manifestly inadmissible.

2) Anne-Claire Simon is to bear her own costs and is ordered to pay the costs incurred by the European Commission.

(1) OJ C 388, 3.11.2014, p. 28.
Official Journal of the European Union

Order of the Civil Service Tribunal of 4 May 2016 — Glowacz-De-Chevilly v Commission

(Case F-107/14) (1)

(2016/C 222/77)

Language of the case: French

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

(1) OJ C 7, 12/1/2015, p. 53.
EN Official Journal of the European Union C 371/47

Order of the Civil Service Tribunal (First Chamber) of 30 September 2015 — Nunes v Court of Auditors

(Case F-54/15)

((Civil Service - Contract staff - Dispute concerning the terms of employment - Claim out of time - Failure to comply with the pre-litigation procedure - Manifest inadmissibility))

(2015/C 371/49)

Language of the case: French

Parties

Applicant: Carlos Nunes (Luxembourg, Luxembourg) (represented by: M. Petit, lawyer)

Defendant: European Court of Auditors

Re:

Application for annulment of the decision adopted by the European Court of Auditors in April 2009 to amend the applicant’s employment status and remuneration and application retroactively to adjust his remuneration from April 2009.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.
EN Official Journal of the European Union C 175/34

Order of the Civil Service Tribunal (Third Chamber) of 7 April 2016 — Spadafora v Commission

(Case F-44/15) (1)

((Civil Service - Officials - Post of Head of Unit - Vacancy notice - Selection procedure - Pre-selection panel - Interview with the pre-selection panel - Not included on the short-list of candidates proposed for a final interview with the Appointing Authority - Regularity of the selection procedure - Priority recruitment of a candidate having the nationality of a particular Member State - Conduct of the president of the pre-selection panel - Language discrimination - Claim for compensation - Article 81 of the Rules of Procedure))

(2016/C 175/40)

Language of the case: Italian

Parties

Applicant: Sergio Spadafora (Woluwe-Saint-Lambert, Belgium) (represented by: G. Belotti, lawyer)

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

Re:

Application for annulment of the decision to appoint a person other than the applicant, who had been acting Head of Unit since the departure of the preceding Head of Unit, to the post of Head of Unit C4 (Legal Advice).

Operative part of the order

1. The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded.

2. Mr Sergio Spadafora shall bear his own costs and pay the costs incurred by the European Commission.

(1) OJ C 221, 6.7.2015, p. 27.
EN Official Journal of the European Union C 48/100

Order of the Civil Service Tribunal (Second Chamber) of 17 December 2015 — Di Marzio v Council

(Case F-24/15) (1)

((Civil service - Contractual agent - Function group I - Reclassification of a contract into a contract as a member of the temporary staff for an indefinite term at Grade AST 3, AST 4 or AST 5 or into a contract as a member of the contract staff for an indefinite term in function group III - Articles 2, 3a, 3b, 80 and 88 of the Conditions of Employment of other servants - Obligation to state reasons - Manifest error of assessment - Principle of sound administration - Duty of care - Action manifestly lacking any foundation in law - Article 81 of the Rules of Procedure))

(2016/C 048/116)

Language of the case: French

Parties

Applicant: Antony Di Marzio (Limelette, Belgium) (represented by: M. Velardo, lawyer)

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

Re:

Application for annulment of the decision rejecting the applicant’s request for reclassification of his contract as a member of the contract staff in function group I into a contract as a member of the temporary staff or, alternatively, into a contract as a member of the contract staff in function group III, and the claim for compensation for the non-material and material damage allegedly suffered.

Operative part of the order

1. The action is dismissed as manifestly unfounded.

2. Mr Di Marzio shall bear his own costs and is ordered to pay those incurred by the Council of the European Union.

(1) OJ C 127 of 20/4/2015, p. 43.
EN Official Journal of the European Union C 410/40

Order of the Civil Service Tribunal (3rd Chamber) of 15 June 2016 — Marinozzi v Commission

(Case F-39/15) (1)

((Civil service - Members of the contract staff - Pensions - Transfer of national pension rights - Proposals concerning additional pensionable years - Act not having an adverse effect - Inadmissibility of the action - Application for a decision not going to the substance of the case - Article 83 of the Rules of Procedure))

(2016/C 410/71)

Language of the case: French

Parties

Applicant: Gabrio Marinozzi (Santo Domingo, Dominican Republic) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, Agents, then G. Gattinara, Agent, and, lastly, G. Gattinara and F. Simonetti, Agents)

Re:

Application for annulment of the proposal to transfer the applicant’s pension rights to the EU pension scheme which applies the new general implementing provisions (GIP) of 3 March 2011 for Article 11(2) of Annex VIII to the Staff Regulations.

Operative part of the order

1. The action is dismissed.

2. Mr Gabrio Marinozzi shall bear his own costs and pay those incurred by the European Commission.

(1) OJ C 178, 1/6/2015, p. 27.