ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 24/74

Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — De Nicola v European Investment Bank

(Case F-55/08) (1)

(Staff case - Staff of the European Investment Bank - Assessment - Promotion - Sickness insurance - Repayment of medical expenses - Psychological harassment - Duty to have regard to the welfare of officials - Action for damages - Jurisdiction of the Tribunal - Admissibility)

2010/C 24/136

Language of the case: Italian

Parties

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

Defendant: European Investment Bank (represented by: G. Nuvoli and F. Martin, Agents, assisted by d’A. Dal Ferro, lawyer)

Re:

First, annulment, in part, of the decision of the Appeals Committee concerning the assessment of the applicant for 2006 and, second, a declaration that the applicant has been the victim of psychological harassment and an order that the defendant desist from such conduct and compensate the non-material and material damage suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 209, 15.8.2008, p. 73.
EN Official Journal of the European Union C 282/63

Judgment of the Civil Service Tribunal (1st Chamber) of 7 July 2009 — Lebedef v Commission

(Case F-39/08) (1)

(Staff cases - Officials - Annual leave - Staff representative's activities - Secondment half-time for purposes of trade union representation - Representative activities under the Staff Regulations - Unauthorised absence - Deduction from annual leave entitlement - Article 60 of the Staff Regulations)

2009/C 282/119

Language of the case: French

Parties

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

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

Re:

Annulment of several decisions concerning the deduction of 32 days from the applicant's annual leave entitlement for 2007

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Lebedef to pay all the costs.

(1) OJ C 158 of 21.06.2008, p. 27.
EN Official Journal of the European Union C 313/35

Judgment of the Civil Service Tribunal (Second Chamber) of 19 September 2013 — Gheysens v Council

(Case F-83/08) (1)

(Civil service - Auxiliary member of the contract staff - Conditions of engagement - Function group - Types of duties and corresponding function groups - Duration of employment)

2013/C 313/65

Language of the case: French

Parties

Applicant: Johan Gheysens (Malines, Belgium) (represented initially by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, and subsequently by S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: Council of the European Union (represented initially by M. Bauer and K. Zieleśkiewicz, and subsequently by M. Bauer and J. Herrmann, agents)

Re:

Annulment of the decision of the Council fixing the conditions of the applicant’s engagement in so far as it limits the duration of the contract to two years and classifies him in function group III, grade 11, step 1 and a declaration that Article 88 of the Conditions of Employment of Other Servants is illegal in so far as it authorises successive contracts for a fixed period subject to an overall limit of three years.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Council of the European Union to recruit Mr Gheysens in so far as it classifies him in function group III;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear its own costs and to pay three quarters of the costs incurred by Mr Gheysens;

4. Orders Mr Gheysens to bear one quarter of his own costs.

(1) OJ C 313, 06.12.2008, p. 59.
EN Official Journal of the European Union C 13/36

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

(Case F-84/08) (1)

(Staff case - ECB Staff - Action for damages seeking compensation for harm resulting directly from alleged illegality of conditions of employment and staff rules - Civil Service Tribunal’s lack of jurisdiction - Inadmissible - Release from service for staff representation - No adjustment of workload - Wrongful act)

2011/C 13/69

Language of the case: French

Parties

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

Defendant: European Central Bank (represented by: F. Malfrère and N. Urban, agents, and by B. Wägenbaur, lawyer)

Re:

Application for an order requiring the ECB to pay compensation in respect of the damage allegedly suffered by the applicant on account of discrimination connected with her trade union activities.

Operative part of the judgment

The Tribunal:

1. Orders the European Central Bank to pay Ms Cerafogli the sum of EUR 5 000;

2. Dismisses the remainder of the application:

3. Orders the European Central Bank to bear its own costs and to pay one third of Ms Cerafogli’s costs;

4. Orders Ms Cerafogli to bear two thirds of her costs.

(1) OJ C 327 of 20.12.2008, p. 43.
EN Official Journal of the European Union C 234/57

Judgment of the Civil Service Tribunal (Third Chamber) of 24 February 2010 — Menghi v ENISA

(Case F-2/09) (1)

(Civil Service - Temporary staff - Dismissal following end of the probationary period - Psychological harassment)

2010/C 234/104

Language of the case: French

Parties

Applicant: Riccardo Achille Menghi (Cagliari, Italy) (represented by: L. Defalque, lawyer)

Defendant: European Network and Information Security Agency (represented by: E. Maurage, Agent, and B. Wägenbaur, lawyer)

Re:

Annulment of the decision not to confirm the applicant’s contract after the probationary period and an application for compensation for the material and non-material harm suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 55 of 07.03.2009, p. 53.
EN Official Journal of the European Union C 24/76

Judgment of the Civil Service Tribunal (First Chamber) of 25 November 2009 — Putterie-de-Beukelaer v Commission

(Case F-1/09) (1)

(Civil service - Officials - Promotion - Attestation procedure - Assessment of potential)

2010/C 24/142

Language of the case: French

Parties

Applicant: Françoise Putterie-de-Beukelaer (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

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

Re:

Annulment of the decision not to admit the applicant to the 2007 attestation procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Putterie-de-Beukelaer to pay the costs.

(1) OJ C 55, 7.3.2009, p. 53.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 29 June 2010 — Hanschmann v European Police Office (Europol)

(Case F-27/09) (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 288/124)

Language of the case: Dutch

Parties

Applicant: Ingo Hanschmann (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 him 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 Mr Hanschmann a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 167, of 18.07.09., p 25
Official Journal of the European Union

Judgment of the Civil Service Tribunal (First Chamber) of 29 June 2010 — Goddijn v European Police Office (Europol)

(Case F-39/09) (1)

(Public service - Europol staff - Non-renewal of a contract - Contract for an indefinite period - Article 6 of Europol Staff Regulations - Principle of respect for the rights of the defence)

(2010/C 288/131)

Language of the case: Dutch

Parties

Applicant: Jacqueline Goddijn (Breda, Netherlands) (represented initially by P. de Casparis, lawyer and subsequently by W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol) (represented by: D. Neumann and D. El Khoury, Agents and 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 dismissing the complaint 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 award a contract for an indefinite period to Ms Goddijn;

2. Orders Europol to pay the costs.

(1) OJ C 167, 18.7.09, p. 27.
EN Official Journal of the European Union C 38/18

Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Almeida Campos and Others v Council

(Case F-14/09) (1)

(Civil Service - Officials - Promotion - 2008 promotion procedure - Comparative examination of the merits of administrators assigned to language posts and administrators assigned to general posts)

2011/C 38/34

Language of the case: French

Parties

Applicants: Ana Maria Almeida Campos (Brussels, Belgium) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer, G. Kimberley, Agents)

Re:

Annulment of the appointing authority’s decisions not to promote the applicants to grade AD 12 under the 2008 promotion procedure and, so far as necessary, the decisions to promote to that grade, under the same promotion procedure, the officials whose names are included on the list of promoted officials published in Staff Note No 72/08 of 21 April 2008.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the Council of the European Union refusing to promote to grade AD 12 Ms Almeida Campos, Ms Dariol, Ms Morello and Ms Verstreken under the 2008 promotion procedure;

2. Dismisses the rest of the action;

3. Orders the Council of the European Union to pay all the costs.

(1) OJ C 90, 18.4.2009, p. 40.
EN Official Journal of the European Union C 30/61

Judgment of the Civil Service Tribunal (3rd Chamber) of 1 December 2010 — Nolin v European Commission

(Case F-82/09) (1)

(Civil service - Officials - Promotion - Withdrawal of merit and priority points)

2011/C 30/118

Language of the case: French

Parties

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

Defendant: European Commission (represented by: M.J. Baquero Cruz, Agent, assisted by D. Waelbroeck, lawyer)

Re:

Application for annulment of the decision of the appointing authority of 19 December 2008 concerning the withdrawal of the applicant’s merit and priority points.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Nolin to pay all the costs.

(1) OJ C 297, 5.12.2009, p. 37.
EN Official Journal of the European Union C 362/22

Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 Michail v Commission

(Case F-100/09) (1)

(Civil service - Official - Res judicata - Duty to provide assistance - Article 24 of the Staff Regulations - Psychological harassment)

2011/C 362/35

Language of the case: Greek

Parties

Applicant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Defendant: Commission (represented by: J. Currall and J. Baquero Cruz, Agents, and by E. Bourtzalas and E. Antypa, lawyers)

Re:

Annulment of the defendant’s decision to reject the request for assistance made under Article 24 of the Staff Regulations in respect of the psychological harassment which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Michail to bear his own costs and those of the Commission.

(1) OJ C 63, 13.3.2010, p. 52.
EN Official Journal of the European Union C 252/51

Judgment of the Civil Service Tribunal (Second Chamber) of 26 May 2011 — Kalmár v Europol

(Case F-83/09) (1)

(Staff case - Europol staff - Dismissal - Request for annulment - Payment of remuneration - Effect of judgment ordering annulment)

2011/C 252/109

Language of the case: Dutch

Parties

Applicant: Andreas Kalmár (The Hague, Netherlands) (represented by: D. C. Coppens, lawyer)

Defendant: Europol (represented by: D. Neumann and D. El Khoury, agents, and by B. Wägenbaur, lawyer)

Re:

Annulment of the decisions of Europol of 4 and 24 February 2009 concerning the applicant’s dismissal and his suspension for the period of notice. In addition, application for compensation for the non-material harm suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. annuls the decision of 4 February 2009 whereby the Director of Europol terminated Mr Kalmár’s fixed-term contract, the decision of 24 February 2009 whereby the Director of Europol relieved him of the duty to serve his period of notice, and the decision of 18 July 2009 rejecting his complaint;

2. orders Europol to pay the applicant a sum of EUR 5 000 in damages;

3. dismisses the action for the remainder;

4. orders Europol to bear its own costs and to pay the costs of Mr Kalmár.

(1) OJ C 24, 30.1.2010, p. 80.
EN Official Journal of the European Union C 252/52

Judgment of the Civil Service Tribunal (2nd Chamber) of 26 May 2011 — Lebedef v Commission

(Case F-40/10) (1)

(Civil service - Officials - Annual leave - Absence without prior permission after annual leave used up - Forfeiture of remuneration - Article 60 of the Staff Regulations)

2011/C 252/111

Language of the case: French

Parties

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

Defendant: European Commission (represented by: G. Berscheid and D. Martin, Agents)

Re:

Application for annulment of the Commission’s decision stating that the applicant had, without prior permission, exceeded his annual leave entitlement for 2009 by 5,5 days

Operative part of the judgment

The Tribunal:

1. Dismisses Mr. Lebedef’s action;

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

(1) OJ C 209, of 31/07/10, p. 55.
EN Official Journal of the European Union C 194/28

Judgment of the Civil Service Tribunal (First Chamber) of 22 May 2012 — AU v European Commission

(Case F-109/10) (1)

(Civil Service - Contractual agents - Pensions - Severance grant)

2012/C 194/46

Language of the case: German

Parties

Applicant: AU (represented by: R. Oehmen, lawyer)

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

Re:

Action for annulment of the decision of the Commission refusing to pay the applicant a severance grant

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders AU to bear his own costs and to pay those incurred by the European Commission.

(1) OJ C 13, 15.1.2011, p. 43.
EN Official Journal of the European Union C 138/26

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Bowles, Larue and Whitehead v ECB

(Case F-114/10) (1)

(Staff case - Staff of the ECB - General adjustment to salaries - Method of calculation - Provisional data - Economic and financial crisis - Special circumstances - Act adversely affecting an official - Pay slip - Provisional act)

2012/C 138/53

Language of the case: French

Parties

Applicants: Carlos Bowles, Emmanuel Larue and Sarah Whitehead (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: E. Carlini and M. López Torres, Agents, and by B. Wägenbaur, lawyer)

Re:

Application for annulment of the applicants’ salary slips for January 2010 and the following months in so far as they apply a salary increase of 2 % as a result of the 2010 salary adjustment procedure and compensation for the material loss suffered by the applicants

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the European Central Bank to increase by 2 % the remuneration of C. Bowles, E. Larue and S. Whitehead from 1 January 2010, as stated on their salary slips for January 2010 and the following months;

2. Dismisses the action as to the remainder;

3. Orders the European Central Bank to pay the costs.

(1) OJ C 55, 19.2.2011, p. 37.
EN Official Journal of the European Union C 251/48

Judgment of the Civil Service Tribunal (First Chamber) of 2 June 2016 — Bermejo Garde v EESC

(Case F-41/10 RENV) (1)

((Civil service - Referral back to the Tribunal after setting aside - Article 12a of the Staff Regulations - Official who has been the victim of harassment - Article 22a of the Staff Regulations - Official, whistleblower - Request for assistance - Rejection - Right to protection - Conditions - Rejection - Consequences - Application for compensation))

(2016/C 251/54)

Language of the case: French

Parties

Applicant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Economic and Social Committee EESC (represented by: initially U. Schwab and M. Lernhart, acting as Agents, B. Wägenbaur, lawyer, then K. Gambino, acting as Agent, B. Wägenbaur, lawyer, finally K. Gambino and X. Chamodraka, acting as Agents, B. Wägenbaur, lawyer)

Re:

Civil service — Application for annulment of several decisions terminating the applicant’s service as the Head of Unit of the Legal Service with immediate effect, reassigning him to the Directorate for Logistics and refusing his formal application for assistance and the application for damages.

Operative part of the judgment

The Tribunal:

1) Annuls the decisions of the President of the European Economic and Social Committee of 24 March 2010 terminating Mr Moises Bermejo Garde’s previous duties as Head of Unit of the Legal Service and of 13 April 2010 relating to his reassignment;

2) Orders the European Economic and Social Committee to pay Mr Bermejo Garde the sum of EUR 25 000;

3) Orders the European Economic and Social Committee to bear its own costs and to pay the costs incurred by Mr Bermejo Garde in Cases F-41/10, T-530/12 P and F-41/10 RENV.

(1) OJ C 209, 31/7/2010, p. 55.
EN Official Journal of the European Union C 38/30

Judgment of the Civil Service Tribunal (First Chamber) of 2 October 2012 — Psarras v ENISA

(Case F-118/10) (1)

(Civil Service - Assignment - Reassignment - Interest of the service - Leave on personal grounds)

2013/C 38/56

Language of the case: French

Parties

Applicant: Aristidis Psarras (Heraklion, Greece) (represented initially by: É. Boigelot and S. Woog, lawyers, and subsequently by: É. Boigelot, lawyer)

Defendant: European Network and Information Security Agency (represented by: E. Maurage, acting as Agent, and D. Waelbroeck and A. Duron, lawyers)

Re:

Civil service — Firstly, application for annulment of the decision to dismiss the applicant from his duties as accountant for the Agency and to appoint another person to that post. Secondly, application for payment to the applicant of a sum by way of compensation for the loss suffered owing to the contested acts and the harassment of which he claims to have been a victim.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 7 February 2010 of the Board of the European Network and Information Security Agency to dismiss Mr Psarras from his duties as accountant, with immediate effect, and to appoint Mr X, budget officer, to the post as account for a unlimited term, and the decision of 1 March 2010 adopted as a consequence by the Executive Director reassigning Mr Psarras to new duties;

2. Dismisses the remainder of the action;

3. Orders the European Network and Information Security Agency to bear its own costs and pay the costs incurred by Mr Psarras.

(1) OJ C 63, 26.2.2011, p. 34.
EN Official Journal of the European Union C 184/21

Judgment of the Civil Service Tribunal (Third Chamber) of 18 April 2012 — Buxton v Parliament

(Case F-50/11) (1)

(Civil service - Officials - Award of merit points - Staff report - Part-time work - Equal treatment)

2012/C 184/43

Language of the case: French

Parties

Applicant: Dawn Cheryl Buxton (Luxembourg) (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Parliament (represented by: S. Alves and N.B. Rasmussen, agents)

Re:

Civil service — Application for annulment of the decision of the appointing authority to grant the applicant only one merit point for the 2009 reports procedure.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Buxton to bear her own costs and to pay the costs of the European Parliament.

(1) OJ C 186, 25.6.2011, p. 36.
EN Official Journal of the European Union C 46/28

Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Ghiba v Commission

(Case F-10/11) (1)

(Civil service - Internal competition - Non-admission to participate in a competition - Eligibility conditions - Concept of services attached to the Commission)

2013/C 46/52

Language of the case: French

Parties

Applicant: Dorina Maria Ghiba (Brussels, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: initially B. Eggers and P. Pecho, acting as Agents, then B. Eggers, acting as Agent)

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, acting as Agents)

Re:

Civil service — Annulment of the decision of the selection board for competition COM/INT/EU2/AST3 to reject the applicant’s candidature on the ground that it did not meet the eligibility requirements stipulated in the notice of competition.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

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

(1) OJ C 95, 26.3.2011, p. 14.
EN Official Journal of the European Union C 138/27

Judgment of the Civil Service Tribunal (Third Chamber) of 28 March 2012 — BD v Commission

(Case F-36/11) (1)

(Civil service - Contract staff - Non-extension of employment contract - Article 11a of the Staff Regulations - Conflict of interest - Relationship of trust - Article 12b of the Staff Regulations - Outside activity - Presumption of innocence)

2012/C 138/57

Language of the case: French

Parties

Applicant: BD (Etterbeek, Belgium) (represented by: T. Bontinck and S. Woog, lawyers)

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

Re:

Action for annulment of the decision not to extend the applicant’s contract beyond its end date and, hence, for reinstating the applicant in his previous functions with effect from 1 November 2010.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders BD to bear his own costs and the Commission’s costs.

(1) OJ C 179, 18.6.2011, p. 22.