ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 198/48

Judgment of the Civil Service Tribunal (Second Chamber) of 29 April 2015 — Todorova Androva v Council

(Case F-78/12) (1)

((Civil Service - Promotion - 2011 promotion year - Not included in the list of officials eligible for promotion - Article 45 of the Staff Regulations - Two years’ seniority in the grade - Failure to take account of the period of work carried out as a member of the temporary staff - Difference in treatment due to the legal nature of the employment of the workers concerned - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Reliance - Exclusion))

(2015/C 198/65)

Language of the case: French

Parties

Applicant: Viara Todorova Androva (Rhode-Saint-Genese, Belgium) (represented by: M. Velardo, lawyer)

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

Intervener in support of the defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)

Re:

Annulment of the Council's decision not to include the applicant in the list of officials eligible for promotion in respect of 2011.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Todorova Androva to bear her own costs and to pay the costs incurred by the Council of the European Union;

3. Orders the European Commission and the European Court of Auditors to bear their own costs.

(1) OJ C 295, 29.9.2012, p. 34.
EN Official Journal of the European Union C 253/67

Judgment of the Civil Service Tribunal (3rd Chamber) of 25 June 2014 — Sumberaz Sotte-Wedemeijer v Europol

(Case F-119/12) (1)

((Staff cases - Europol Staff - Europol Convention - Staff Regulations applicable to Europol employees - Decision 2009/371/JHA - Application of the CEOS to Europol agents - Non-renewal of a fixed term contract as a member of the temporary staff - Refusal to grant a fixed term contract as a member of the temporary staff))

2014/C 253/94

Language of the case: French

Parties

Applicant: Stephanie Sumberaz Sotte-Wedemeijer (Voorburg, Netherlands) (represented by: J.-J. Ghosez, lawyer)

Defendant: European Police Office (represented initially by D. Neumann and D. El Khoury, agents, and then by J. Arnould, D. Neumann and D. El Khoury, agents)

Re:

Application for annulment of the decision of Europol not to renew the applicant’s contract for an unlimited duration and for Europol to be ordered to pay the applicant the difference between the remuneration which she could have continued to receive at Europol and any other compensation that she actually received

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Ms Sumberaz Sotte-Wedemeijer is to bear her own costs and orders her to pay those incurred by the European Police Office.

(1) OJ C 379 of 08/12/2012, p. 36.
EN Official Journal of the European Union C 421/52

Judgment of the Civil Service Tribunal (Third Chamber) of 15 October 2014 — de Brito Sequeira Carvalho v Commission

(Case F-107/13) (1)

((Staff case - Officials - Retired official - Disciplinary proceedings - Disciplinary measure - Pension deduction - Examination of the incriminating witness by the Disciplinary Board - Failure to hear from the official concerned - Failure to respect the right to be heard))

2014/C 421/73

Language of the case: French

Parties

Applicant: José Antonio de Brito Sequeira Carvalho (Lisbon, Portugal) (represented by: É. Boigelot and R. Murru, lawyers)

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

Subject-matter of proceedings

Application for annulment of the decision of the Commission to impose a disciplinary measure on the applicant under Article 9(2) of Annex IX to the Staff Regulations and requests for damages for the non-pecuniary harm allegedly suffered and reimbursement of amounts already deducted.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of the European Commission of 14 March 2013 imposing on Mr de Brito Sequeira Carvalho, for disciplinary reasons, a deduction of one third of his net monthly pension amount for a period of two years.

2) Dismisses the remainder of the action.

3) Order the European Commission is to bear its own costs and to pay the costs incurred by M. de Brito Sequeira Carvalho.

(1) OJ 2004 C 24, p. 41.
EN Official Journal of the European Union C 253/70

Judgment of the Civil Service Tribunal (3rd Chamber) of 25 June 2014 — Rihn v Europol

(Case F-67/13) (1)

((Civil service - Europol staff - Europol Convention - Europol Staff Regulations - Decision 2009/371/JHA - Application of the CEOS to members of the staff of Europol - Non-renewal of a fixed-term contract as a member of the temporary staff - Refusal to grant a contract for an indefinite period as a member of the temporary staff))

2014/C 253/98

Language of the case: French

Parties

Applicant: Philippe Rihn (The Hague, the Netherlands) (represented by: J.-J. Ghosez, lawyer)

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

Re:

Application to annul the decision not to renew the applicant’s fixed-term contract.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Rihn to bear his own costs and to pay the costs incurred by the European Police Office.

(1) OJ C 274, 21/9/2013, p. 31.
EN Official Journal of the European Union C 48/90

Judgment of the Civil Service Tribunal (Single Judge) of 18 December 2015 — De Nicola v EIB

(Case F-104/13)

((Civil Service - EIB staff - Psychological harassment - Investigation procedure - Report of the Investigation Panel - Incorrect definition of psychological harassment - Decision of the President of the EIB to take no action on a complaint - Annulment - Action for compensation))

(2016/C 048/101)

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, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment, on the one hand, of the letter of the President of the EIB by which he firstly failed to adopt any measure concerning the psychological harassment suffered by the applicant for 20 years; secondly, justified all the facts complained of and, thirdly, requires the applicant to work with a ‘mentor’ and ‘business partner’ and, on the other, the opinion of the ‘Dignity at work’ Panel of 14 March 2013.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 29 April 2013 by which the President of the European Investment Bank rejected Mr De Nicola’s complaint of psychological harassment

2. Dismisses the remainder of the action;
EN Official Journal of the European Union C 34/47

Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2014 — CZ v ESMA

(Case F-80/13) (1)

((Civil service - Recruitment - Temporary agents - Extension of the probation period - Dismissal at the end of the probation period))

(2015/C 034/55)

Language of the case: French

Parties

Applicant: CZ (represented by: O. Kress and S. Bassis, lawyers)

Defendant: European Securities and Markets Authority (ESMA) (represented by: R. Vasileva, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Firstly, annulment of the decision to extend the applicant’s probation period and of the subsequent decision to dismiss him and, secondly, application for compensation for the harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Securities and Markets Authority to bear its own costs and to pay those incurred by CZ.

(1) OJ C 325, 9.11.2013, p. 51.
EN Official Journal of the European Union C 155/42

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

(Case F-26/14) (1)

((Civil service - Accredited parliamentary assistants - Request for assistance - Psychological harassment))

(2015/C 155/61)

Language of the case: French

Parties

Applicant: CN (represented by: L. Levi, C. Bernard-Glanz and A. Tymen, lawyers)

Defendant: European Parliament (represented by: M. Ecker and S. Alves, Agents)

Re:

Application to annul the decision rejecting the request for assistance brought by the applicant for psychological harassment.

Operative part of the judgment

The Tribunal:

1) Annuls the decision of the European Parliament implicitly rejecting CN’s request for assistance of 13 February 2013;

2) Annuls the decision of the European Parliament of 18 December 2013 dismissing CN’s complaint of 26 August 2013;

3) Orders the European Parliament to pay CN the sum of EUR 45 785,29;

4) Orders the European Parliament to bear its own costs and to pay the costs incurred by CN.

(1) OJ C 175, 10/6/2014, p. 56.
EN Official Journal of the European Union C 448/38

Judgment of the Civil Service Tribunal (Second Chamber) of 6 November 2014 — DH v Parliament

(Case F-4/14) (1)

((Civil service - Probationary official - Article 34 of the Staff Regulations - Probation report establishing the obvious inadequacy of the probationary official - Extension of the probationary period - Reassignment - Dismissal at the end of the probationary period - Conditions under which the probationary period progressed - Professional incompetence - Duty of care - Principle of sound administration))

(2014/C 448/47)

Language of the case: French

Parties

Applicant: DH (represented by: A. Salerno and B. Cortese, lawyers)

Defendant: European Parliament (represented by: S. Alves and M. Ecker, Agents)

Re:

Application to annul the decision to dismiss the applicant at the end of the probationary period.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders DH to bear his own costs and to pay the costs incurred by the European Parliament.

(1) OJ C 61, 1/3/2014, p. 22.
EN Official Journal of the European Union C 254/24

Judgment of the Civil Service Tribunal (Single Judge Chamber) of 25 June 2015 — Mikulik v Council

(Case F-67/14) (1)

((Civil Service - Officials - Probationary period - Extension of probationary period - Dismissal at the end of the probationary period - Probation carried out under irregular conditions))

(2015/C 254/27)

Language of the case: French

Parties

Applicant: Filip Mikulik (Prague, Czech Republic) (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 to dismiss the applicant at the end of his probationary period and for compensation for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Mikulik to bear his own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 380, 27.10.2014, p. 26.
EN Official Journal of the European Union C 198/49

Judgment of the Civil Service Tribunal (Single Judge) of 29 April 2015 — Ibánez Martínez v Parliament

(Case F-17/14) (1)

((Civil Service - Officials - Award of merit points - Opinion of the Reports Committee - Wide discretion of the administration - Equal treatment))

(2015/C 198/67)

Language of the case: French

Parties

Applicant: Carlos Ibánez Martínez (Leeuw-Saint-Pierre, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: V. Montebello-Demogeot and N. Chemaï, acting as Agents)

Re:

Application for the annulment of the decision not to award the applicant three merit points in the 2012 promotion year

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Ibánez Martínez to bear his own costs and to pay the costs incurred by the European Parliament.

(1) OJ C 184, 16.6.2014, p. 41.
EN Official Journal of the European Union C 48/94

Judgment of the Civil Service Tribunal (Single Judge) of 17 December 2015 — T v Commission

(Case F-134/14) (1)

((Civil service - Social security - Occupational disease - Article 73 of the Staff Regulations - Application for recognition of the occupational origin of a disease - Causation - Claim for damages for the non-material harm suffered as a result of the delay taken by the institution to acknowledge the occupational origin of the sickness - Obligation to adjudicate within a reasonable time - Non-material damage))

(2016/C 048/106)

Language of the case: French

Parties

Applicant: T (represented by: S. Rodrigues and A. Tymen, lawyers)

Defendant: European Commission (represented initially by J. Currall and C. Ehrbar, acting as Agents, and subsequently by C. Ehrbar, acting as Agent)

Re:

The application to annul the Commission’s decision to exclude the existence of harm arising from the delay taken by the Commission to establish the occupational origin of the applicant’s sickness and to pay her the amount of EUR 2 000 only as compensation for the uncertainty as regards recognition of the occupational origin of her illness and the claim for damages for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay T the amount of EUR 5 000;

2. Dismisses the action as to the remainder.

3. Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred T.

(1) OJ C 34, 2/2/2015, p. 53.
EN Official Journal of the European Union C 363/47

Judgment of the Civil Service Tribunal (First Chamber) of 22 September 2015 — Gioria v Commission

(Case F-82/14) (1)

((Civil Service - Open competitions - Competition EPSO/AST/126/12 - Family relationship between a member of the selection board and a candidate - Conflict of interests - Article 27 of the Staff Regulations - Recruitment of officials with the highest integrity - Decision to exclude the candidate from the competition))

(2015/C 363/56)

Language of the case: Italian

Parties

Applicant: Roberto Gioria (Veruno, Italy) (represented by: M. Cornacchia, lawyer)

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

Re:

Application for annulment of the decision to exclude the applicant from Competition EPSO/AST/126/2012 because he did not inform the Selection Board of his family relationship to one of the members of the board.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Gioria to bear half of his own costs;

3. Orders the European Commission to bear its own costs and to pay half of the costs incurred by Mr Gioria.

(1) OJ C 388, 3.11.2014, p. 32.
EN Official Journal of the European Union C 7/36

Judgment of the Civil Service Tribunal (2nd Chamber) of 19 November 2015 — van der Spree v Commission

(Case F-37/15) (1)

((Civil service - Remuneration - Termination of service - Article 6(1) of Annex VII to the Staff Regulations - Resettlement allowance at the base rate of two months’ basic salary - Applicant’s change of residence - Residence of the applicant’s daughter - Proof))

(2016/C 007/47)

Language of the case: French

Parties

Applicant: Daniel van der Spree (Eischoll, Switzerland) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: J. Currall and T.S. Bohr, Agents)

Re:

Application for annulment of the decision rejecting the applicant’s request to be paid double the resettlement allowance following his relocation to Switzerland.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr van der Spree is to bear his own costs and orders him to pay the costs incurred by the European Commission.

(1) OJ C 178, 1/6/2015, p. 26.
EN Official Journal of the European Union C 191/49

Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Zink v Commission

(Case F-77/15) (1)

((Civil Service - Officials - Expatriation allowance - Administrative error meaning that no expatriation allowance was paid for a number of years - Adversely affecting act - Salary statements not reflecting a decision - Article 82 of the Rules of Procedure - Absolute bar to proceedings - Irregularity of the pre-litigation procedure - Application within the meaning of Article 90(1) of the Staff Regulations - Reasonable time))

(2016/C 191/70)

Language of the case: French

Parties

Applicant: Richard Zink (Bamako, Mali) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: T.S. Bohr and F. Simonetti, acting as Agents)

Re:

Annulment of the decision to limit the retroactive payment of the expatriation allowance to a period of five years from the date on which the failure to pay that allowance was discovered and an order against the defendant to pay default interest.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 245, 27.7.2015, p. 51.
EN Official Journal of the European Union C 136/46

Judgment of the Civil Service Tribunal (3rd Chamber) of 2 March 2016 — Frieberger and Vallin v Commission

(Case F-3/15) (1)

((Civil Service - Officials - Pensions - Reform of the Staff Regulations - Regulation No 1023/2013 - Article 22 of Annex XIII to the Staff Regulations - Raising of the retirement age - Repayment of contributions to the EU pension scheme - Article 26 of Annex XIII to the Staff Regulations - Recalculation of the bonus relating to pension rights))

(2016/C 136/65)

Language of the case: French

Parties

Applicants: Jürgen Frieberger (Woluwe-Saint-Lambert, Belgium) and Benjamin Vallin (Saint-Gilles, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and M. Veiga, agents)

Intervener in support of the defendant: European Parliament (represented by: M. Ecker and E. Taneva, Agents)

Re:

The annulment of the Commission’s decisions rejecting the applicants’ requests for repayment of a portion of the contributions to the European Union pension scheme which were deducted from their pay and the request for reassessment of the bonus relating to the transfer of pension rights, acquired before their entry into service, to the EU scheme.

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decision of 26 March 2014 rejecting Mr Frieberger’s request of 17 December 2013 in so far as he sought by that request to obtain a recalculation of the bonus relating to his pension rights transferred to the European Union pension scheme;

2. Declares that there is no need to adjudicate on the action in so far as it was brought by Mr Vallin against the European Commission’s decision of 13 March 2014 inasmuch as that decision allegedly rejected a request seeking a recalculation of the bonus relating to pension rights transferred to the European Union pension scheme;

3. Dismisses the action as to the remainder;

4. Declares that the parties shall bear their own costs.

(1) OJ C 96, 23/3/2015, p. 25.
1.

Annuls the decision du 24 February 2015 to terminate the employment contract of Ms Sonja Meyrl, adopted by the Co-president of the political group ‘Greens/European Free Alliance’, as an authority of the European Parliament authorised to conclude employment contracts;
EN Official Journal of the European Union C 326/34

Judgment of the Civil Service Tribunal (2nd Chamber) of 28 June 2016 — Lorenzet v EASA

(Case F-144/15) (1)

((Civil service - Temporary staff - Article 2(f) of the CEOS - Contract for an indefinite period - Unpaid leave - Unpaid leave on personal grounds - Refusal to extend unpaid leave for an additional year - Article 52 of the CEOS))

(2016/C 326/57)

Language of the case: French

Parties

Applicant: Andrea Lorenzet (Paris, France) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Aviation Safety Agency (represented by: initially, F. Manuhutu and A. Haug, Agents, D. Waelbroeck and I. Antypas, lawyers, then F. Manuhutu and A. Haug, Agents, A. Duron and C. Dekemexhe, lawyers)

Re:

Application for annulment of the European Aviation Safety Agency’s decision not to extend the applicant’s unpaid leave on personal grounds for an additional year.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Mr Andrea Lorenzet is to bear his own costs and orders him to pay the costs incurred by the European Aviation Safety Agency.

(1) OJ C 48, 8/2/2016, p. 102.
EN Official Journal of the European Union C 193/37

Order of the Civil Service Tribunal of 18 June 2009 — De Geest v Council

(Case F-21/05) (1)

2009/C 193/63

Language of the case: French

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

(1) OJ C 171, 9.7.2005, p. 28.
EN Official Journal of the European Union C 197/38

Order of the Civil Service Tribunal (First Chamber) of 18 June 2008 — Huober v Council

(Case F-4/05)

(2008/C 197/74)

Language of the case: French

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

Order of the Civil Service Tribunal of 26 July 2010 — Vereecken v Commission

(Case F-86/06) (1)

()

(2010/C 288/145)

Language of the case: French

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

(1) OJ C 237, 30.9.2006, p. 19.
EN Official Journal of the European Union C 51/61

Order of the Civil Service Tribunal (First Chamber) of 14 December 2007 — Steinmetz v Commission

(Case F-131/06) (1)

(Staff cases - Officials - Amicable settlement - Performance of an agreement - Refusal to reimburse expenditure in connection with a mission - Manifest inadmissibility - No legal interest in bringing proceedings - Apportioning costs - Unreasonable and vexatious costs)

(2008/C 51/113)

Language of the case: French

Parties

Applicant: Robert Steinmetz (Luxembourg, Luxembourg) (represented by: J. Choucroun, lawyer)

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

Re:

Application for annulment of the Commission's decision of 21 February 2005 not to give full effect to the amicable settlement reached between the parties in Case T-155/05, which was brought before the Court of First Instance of the European Communities.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Steinmetz is ordered to bear his own costs, with the exception of an amount of EUR 500.

3. In addition to its own costs, the Commission of the European Communities is ordered to bear Mr Steinmetz's costs in the sum of EUR 500.

(1) OJ C 326, 30.12.2006, p. 86.
EN Official Journal of the European Union C 116/32

Order of the Civil Service Tribunal (First Chamber) of 6 March 2008 — Tiralongo v Commission

(Case F-55/07) (1)

(Staff cases - Former temporary agent - Actions - Action for damages - Non-renewal of a fixed-term contract - Manifest inadmissibility)

(2008/C 116/59)

Language of the case: French

Parties

Applicant: Giuseppe Tiralongo (Ladispoli, Italy) (represented by: F. and R. Sciaudone and S. Frazzani, lawyers)

Defendant: Commission of the European Communities

Re:

Order requiring the Commission of the European Communities to compensate the material and non-material damage allegedly suffered by the applicant on account of the unlawful conduct of the European Anti-Fraud Office in particular in connection with the extension of his temporary staff contract

Operative part of the order

1. The action is dismissed as manifestly inadmissible;

2. Each party is to bear its own costs.

(1) OJ C 183, 4.8.2007, p. 43.