ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 340/34

Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Arnaldos Rosauro and Others v Commission

(Case F-29/06) (1)

(Staff case - Officials - Appointment - Article 5(2) of Annex XIII to the Staff Regulations - Internal competitions for transfer from one category to another published before 1 May 2004 - Candidates appearing on reserve lists before 1 May 2006 - Grading - Application of a multiplication factor of less than 1 - Loss of promotion points)

2011/C 340/66

Language of the case: French

Parties

Applicant: Andres Arnaldos Rosauro and Others (Brussels, Belgium) (represented, initially, by S. Rodrigues and A. Jaume, subsequently by S. Rodrigues, and, finally, by S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

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

Re:

Annulment of Commission decisions appointing the applicants, officials in Category C and successful candidates in an internal competition for change of category, in Grades B*3/B*4, maintaining their remuneration at the level prior to the change of category by applying a multiplying coeffficient, and resetting their promotion points at zero.

Operative part of the judgment

1. The action is dismissed.

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

(1) OJ C 121 of 20.05.06, p. 19.
EN Official Journal of the European Union C 234/56

Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Kurrer v Commission

(Case F-139/06) (1)

(Civil Service - Officials - Appointment - Temporary agents appointed as officials - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 234/101

Language of the case: French

Parties

Applicant: Christian Kurrer (Watermael-Boitsfort, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: B. Driessen and M. Simm, Agents)

Re:

Annulment of the Commission decision, effective from 1 April 2006, by which the applicant — a member of the temporary staff in grade A7 (now grade A*8) and a successful candidate in Open Competition COM/A/3/03 — was appointed as an official in grade A*6, step 2, pursuant to the provisions of Annex XIII to the Staff Regulations, without maintenance of the points which he had accumulated as a member of the temporary staff

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own respective costs.

(1) OJ C 20 of 27.01.07, p. 39.
EN Official Journal of the European Union C 313/57

Judgment of the Civil Service Tribunal (Third Chamber) of 22 October 2008 — Tzirani v Commission

(Case F-46/07) (1)

(Staff cases - Officials - Recruitment - Appointment in grade - Promotion - Post of director - Rejection of candidature - Implementation of a judgment annulling an appointment decision - Admissibility)

(2008/C 313/102)

Language of the case: French

Parties

Applicant: Marie Tzirani (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (represented by: G. Berscheid and V. Joris, agents, assisted by B. Wägenbaur, lawyer)

Re:

First, annulment of the decision adopted by the Commission of the European Communities on 30 August 2006 to appoint Mr D. J. to the post of Director of Directorate B ‘Staff Regulations: Policy, Management and Advisory Services’ of the Directorate-General (DG) ‘Personnel and Administration’ and consequently to reject the applicant's candidature for that post; and, secondly, an order that the Commission is to pay compensation for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. annuls the decision of the Commission of the European Communities rejecting the candidature of Mrs Tzirani for the post of Director of Directorate B ‘Staff Regulations: Policy, Management and Advisory Services’ of the Directorate-General (DG) ‘Personnel and Administration’;

2. annuls the decision of the Commission of the European Communities, dated 30 August 2006, appointing Mr D. J. to the post of Director of Directorate B ‘Staff Regulations: Policy, Management and Advisory Services’ of the Directorate-General (DG) ‘Personnel and Administration’;

3. orders the Commission of the European Communities to pay Mrs Tzirani EUR 10 000 damages;

4. for the rest, dismisses the action;

5. orders the Commission of the European Communities to bear their own costs and to pay Mrs Tzirani's costs.

(1) OJ C 170 of 21.7.2007, p. 42.
EN Official Journal of the European Union C 158/23

Judgment of the Civil Service Tribunal (Third Chamber) of 8 May 2008 — Suvikas v Council

(Case F-6/07)

(Staff case - Members of the temporary staff - Preliminary plea - Confidential documents - Documents obtained unlawfully - Removal of documents - Recruitment - Vacant post - Unlawful rejection of candidature - Annulment - Action for damages - Loss of the opportunity to be recruited - Equitable assessment)

(2008/C 158/39)

Language of the case: French

Parties

Applicant: Risto Suvikas (Helsinki, Finland) (represented by: M.-A. Lucas, lawyer)

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

Re:

First, annulment of the decision of the Advisory Selection Committee not to include the applicant's name on the list of the best candidates for selection in relation to Council notice of vacancy B/024 and, second, annulment of that list and the Council decisions to recruit the candidates whose names were included therein to the posts to be filled and not to recruit the applicant — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Orders that the documents produced by Mr Suvikas in Annex A 14 to A 16 to the application be removed from the case file;

2. Annuls the decision of the contracting authority of 20 February 2006 not to include Mr Suvikas on the list of the best candidates following the selection of Council/B/024 members of the temporary staff;

3. Orders the Council of the European Union to pay to Mr Suvikas the sum of EUR 20 000 to compensate him for the material damage which he has suffered;

4. Dismisses the action as to the remainder;
EN Official Journal of the European Union C 102/37

Judgment of the Civil Service Tribunal (Second Chamber) of 29 January 2009 — Petrilli v Commission

(Case F-98/07) (1)

(Staff cases - Auxiliary contract staff - Admissibility - Act causing adverse effect - Article 3c and Article 88 of the Conditions of employment of other servants - Duration of the contract - Article 3(1) of the Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services - Legality)

2009/C 102/54

Language of the case: French

Parties

Applicant: Nicole Petrilli (Woluwé-Saint-Étienne,Belgium) (represented by: J.-L. Lodomez, lawyer)

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

Re:

First, annulment of the decision of the appointing authority rejecting, pursuant to the Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services, the applicant's request for renewal of her contract as a member of contract staff and, second, an action for damages

Operative part of the judgment

The Tribunal:

1. annuls the decision of the Commission of the European Communities of 20 July 2007 rejecting Ms Petrilli's request for an extension of her contract as an auxiliary member of contract staff;

2. orders the parties to transmit to the Tribunal, within three months of delivery of the present interim judgment, either the amount of the monetary compensation agreed between the parties in respect of the illegality of the decision of 20 July 2007 or their conclusions, with supporting figures, as to that amount;

3. reserves the costs.

(1) OJ C 297 of 8.12.2008, p. 48.
EN Official Journal of the European Union C 44/70

Judgment of the Civil Service Tribunal (Second Chamber) of 25 November 2008 — Iordanova v Commission

(Case F-53/07) (1)

(Staff cases - Recruitment - Open competition - Conditions for admission - Rejection of candidature - Diplomas)

(2009/C 44/121)

Language of the case: English

Parties

Applicant: Ivanka Iordanova (Varna, Bulgaria) (represented by: G. Kerelov, lawyer)

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

Re:

Annulment of the decision of the selection board in competition EPSO/AST/14/06 refusing to admit the applicant to the tests in that competition on the ground that her post-secondary education was not in a field relevant to a secretarial post and she did not have three years' professional experience in that field — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 107 of 26.4.2008, p. 44.
EN Official Journal of the European Union C 72/34

Judgment of the Civil Service Tribunal (Second Chamber) of 20 January 2011 — Strack v Commission

(Case F-132/07) (1)

(Civil service - Officials - Articles 17, 17a and 19 of the Staff Regulations - Application for authorisation to disclose documents - Application for authorisation to publish a text - Application for authorisation to use findings before national judicial authorities - Admissibility)

2011/C 72/54

Language of the case: German

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents, and B. Wägenbaur, lawyer)

Re:

Civil service — Annulment of several Commission decisions rejecting the applicant's request for authorisation to publish certain documents and to bring a complaint against (ex-) Commissioners and Commission agents — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Mr Strack to pay the costs in their entirety.

(1) OJ C 107, 26.4.2008, p. 44.
EN Official Journal of the European Union C 24/72

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Rainer Wenning v European Police Office (Europol)

(Case F-114/07) (1)

(Civil Service - Europol staff - Renewal of contract of a member of the contract staff of Europol - Article 6 of the Europol Staff Regulations - Assessment report)

2010/C 24/131

Language of the case: English

Parties

Applicant: Rainer Wenning (The Hague, Netherlands) (represented by: G. Vandersanden and C. Ronzi, lawyers and subsequently by L. Levi, lawyer)

Defendant: European Police Office (Europol) (represented by: B. Exterkate and D. El Khoury, acting as Agents, assisted by B. Wägenbaur and R. Van der Hout, lawyers, and subsequently by D. El Khoury and D. Neumann, acting as Agents, assisted by B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of the decision of Europol of 21 December 2006 not to renew the applicant’s contract and not to reinstate him, and an order that Europol renew the applicant’s contract for a period of 4 years from 1 October 2007 and pay damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders each party to bear its own costs.

(1) OJ C 315, 22.12.2007, p. 47.
EN Official Journal of the European Union C 24/75

Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Voslamber v Commission

(Case F-86/08) (1)

(Staff case - Officials - Social Security - Joint Sickness Insurance Scheme - Spouse of a former official - Circumscribed powers - Article 13 of the Rules on Sickness Insurance for Officials of the European Communities)

2010/C 24/139

Language of the case: German

Parties

Applicant: Dietrich Voslamber (Freiburg, Germany) (represented by: L. Thielen, lawyer)

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

Re:

Annulment of the Commission’s decision of 9 July 2008, rejecting the applicant’s application for primary sickness insurance cover for his spouse pursuant to the Rules on Sickness Insurance for Officials of the European Communities.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Dismisses the forms of order sought by the European Commission submitted pursuant to Article 94(a) of the Rules of Procedure;

3. Orders the European Commission, in addition to bearing its own costs, to pay two thirds of the costs of Mr Voslamber;

4. Orders Mr Voslamber to bear one third of his costs.

(1) OJ C 327, 20.12.2008, p. 43.
EN Official Journal of the European Union C 193/35

Judgment of the Civil Service Tribunal (Second Chamber) of 18 June 2009 — Spee v Europol

(Case F-43/08) (1)

(Staff case - Europol staff - Vacant post - Selection procedure)

2009/C 193/57

Language of the case: Dutch

Parties

Applicant: David Spee (Rijswijk, Netherlands) (represented by: P. de Casparis, lawyer, initially, and I. Blekman, lawyer, subsequently)

Defendant: European Police Office (Europol) (represented by: D. Neumann, D. El Khoury, B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of Europol’s decision to withdraw an offer of employment in respect of which the applicant had submitted an application and subsequently to republish it, along with an claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Spee to pay all the costs.

(1) OJ C 183, 19.7.2008, p. 33.
EN Official Journal of the European Union C 30/58

Judgment of the Civil Service Tribunal (Third Chamber) of 29 September 2010 — Honnefelder v Commission

(Case F-41/08) (1)

(Civil Service - General competition - Non-inclusion on a reserve list - Conduct of the oral test - Stable nature of the composition of the selection board)

2011/C 30/108

Language of the case: German

Parties

Applicant: Stephanie Honnefelder (Brussels, Belgium) (represented by: C. Bode, lawyer)

Defendant: European Commission (represented by: Berardis-Kayser and B. Eggers, agents)

Re:

Action for annulment of the Commission decision not to include the applicant on the reserve list for competition AD/26/05 by reason of the inadequacy of her oral test.

Operative part of the judgment

The Tribunal:

1. The decision of the European Commission of 10 May 2007 not to include Ms Honnefelder on the reserve list for competition EPSO/AD/26/05 is annulled;

2. The European Commission is ordered to pay all of the costs.

(1) OJ C 128, 24.5.2008, p. 38.
EN Official Journal of the European Union C 234/56

Judgment of the Civil Service Tribunal (Plenary Formation) of 5 May 2010 — Bouillez and Others v Council

(Case F-53/08) (1)

(Staff cases - Officials - Promotion - 2007 promotion procedure - Interest in bringing proceedings - Promotion decision - Liste of promoted officials - Consideration of the comparative merits - Criterion of the level of responsibility held - Application for annulment of the promotion decisions - Balance of interests)

2010/C 234/102

Language of the case: French

Parties

Applicants: Vincent Bouillez (Overijse, Belgium) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: Council of the European Union

Interveners: Eliza Niniou and Maria-Béatrice Postiglione Branco, residing at Schaerbeek (Belgium) and at Kraainem (Belgium) respectively, (represented by: T. Bontinck and S. Woog initially, and then by T. Bontinck and S. Greco, lawyers)

and

Maria De Jesus Cabrita and Marie-France Liegard, officials of the Council of the European Union, residing in Brussels (Belgium), (represented by: N. Lhoëst initially, then by N. Lhoëst and L. Delhaye, lawyers)

Re:

Annulment of the decisions of the appointing authority not to promote the applicants to grade AST 7 under the 2007 promotion procedure

Operative part of the judgment

The Tribunal:

1. Annuls the decisions by which the Council of the European Union refused to promote Mr Bouillez and Van Neyghem and Ms Wagner-Leclercq to grade AST 7 under the 2007 promotion procedure;

2. Dismisses the remainder of the claims in the actions brought by Mr Bouillez and Van Neyghem and by Ms Wagner-Leclercq;

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

4. Orders the interveners to bear their own costs.

(1) OJ C 183, 19.7.2008, p. 35.
EN Official Journal of the European Union C 209/53

Judgment of the Civil Service Tribunal (Second Chamber) of 15 June 2010 — Lebedef-Caponi v Commission

(Case F-45/09) (1)

(Staff case - Officials - Appraisal - Career development review - 2007 appraisal procedure - Action for annulment - Manifest error of assessment - Staff representatives - Opinion of ad hoc group)

2010/C 209/82

Language of the case: French

Parties

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

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

Re:

Annulment of the applicant’s career development report for 2007.

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders the applicant to pay the costs.

(1) OJ C 153 of 04.07.2009, p. 51.
EN Official Journal of the European Union C 346/60

Judgment of the Civil Service Tribunal (Second Chamber) of 27 October 2010 — Birkhoff v Commission

(Case F-60/09) (1)

(Officials - Remuneration - Family allowances - Dependent child allowance - Child prevented by serious illness or invalidity from earning a livelihood - Application for extension of payment of the allowance - Article 2(5) of Annex VII to the Staff Regulations - Maximum income of the child as a condition for extending the payment of the allowance - Costs deductible from that income)

2010/C 346/119

Language of the case: Italian

Parties

Applicant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

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

Re:

Annulment of the decision rejecting the applicant’s request for an extension of the payment of the dependent child allowance under Article 2(5) of Annex VII to the Staff Regulations

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Birkhoff to pay the costs in their entirety.

(1) OJ C 205, 29.8.2009, p. 50.
Official Journal of the European Union

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

(Case F-42/09) (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 288/133)

Language of the case: Dutch

Parties

Applicant: Anne Esneau-Kappé (The Hague, Netherlands) (represented initially by P. de Casparis, lawyer, then by W. J. Dammingh and N. D. Dane, lawyers)

Defendant: European Police Office (Europol) (represented by D. Neumann and D. El Khoury, agents, and by B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer her a permanent post, and the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Operative part of the judgment

The Tribunal:

1. annuls the decision of 12 June 2008 by which the European Police Office (Europol) refused to offer to Ms Esneau-Kappé a contract of indefinite duration;

2. orders Europol to pay the costs.

(1) OJ C 180, of 01.08.09., p 63
EN Official Journal of the European Union C 160/28

Judgment of the Civil Service Tribunal (First Chamber) of 24 March 2011 — Canga Fano v Council

(Case F-104/09) (1)

(Civil service - Officials - Promotion - Promotion exercise 2009 - Decision not to promote - Comparative examination of the merits - Manifest error of assessment - Action for annulment - Action for damages)

2011/C 160/42

Language of the case: French

Parties

Applicant: Diego Canga Fano (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

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

Re:

Application for annulment of the defendant’s decision not to include the applicant on the list of officials promoted to Grade AD 13 under the 2009 promotion procedure.

Operative part of the judgment

1. The application is dismissed.

2. Mr Canga Fano shall pay all the costs.

(1) OJ C 37, 13.2.2010, p. 51.
EN Official Journal of the European Union C 30/62

Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2010 — Taillard v Parliament

(Case F-97/09) (1)

(Civil service - Official - Successive sick leave - Arbitration - Finding that the applicant was able to work - Refusal of new duly issued medical certificate - No medical examination - Sick leave deducted from annual leave - Inadmissibility - Action for annulment and damages)

2011/C 30/120

Language of the case: French

Parties

Applicant: Christine Taillard (Thionville, France) (represented by: N. Cambonie and C. Lelièvre, lawyers)

Defendant: European Parliament (represented by: K. Zejdová and S. Seyr, Agents)

Re:

First, an action for annulment of the decision by which the European Parliament declares a medical certificate attesting to the applicant’s incapacity to work inadmissible and the resultant decision to withdraw annual leave. Second, a claim for compensation for the damage suffered by the applicant

Operative part of the judgment

The Tribunal:

1. Annuls the Decision of the European Parliament of 15 January 2009, by which the Parliament refused to accept the medical certificate of 5 January 2009 and the resultant decision to deduct Ms Taillard’s absence of 6 to 9 January2009 from her annual leave;

2. Dismisses the remainder of the action;

3. Orders the Parliament to bear its own costs and pay those incurred by Ms Taillard.

(1) OJ C 24, 30.1.2010, p. 81.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 17 October 2013 — Birkhoff v Commission

(Case F-60/09)

(Civil service - Officials - Referral to the Tribunal after annulment - Remuneration - Family allowances - Dependent child allowance - Child prevented by serious illness or invalidity from earning a livelihood - Application for extension of payment of the allowance)

(2014/C 71/54)

Language of the case: Italian

Parties

Applicant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents and A. Dal Ferro, lawyer)

Re:

Referral back to the Tribunal after annulment — Officials — Annulment of the decision rejecting the applicant’s request for an extension of payment of the dependent child allowance under Article 2(5) of Annex VII to the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders the European Commission to bear its own costs and to pay those incurred by Mr Birkhoff in Case F-60/09 and Case T-10/11 P.