ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 146/46

Judgment of the Civil Service Tribunal (Single judge) of 24 March 2015 — Maggiulli v Commission

(Case F-61/14) (1)

((Civil service - Promotion - 2013 promotion exercise - Decision not to promote - Consideration of comparative merits))

(2015/C 146/62)

Language of the case: French

Parties

Applicant: Carola Maggiulli (Brussels, Belgium) (represented by: A. Salerno, lawyer)

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

Re:

Application for annulment of the decision not to promote the applicant to Grade AD 13 in the 2013 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

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

(1) OJ C 421, 24.11.2014, p. 61.
EN Official Journal of the European Union C 279/51

Judgment of the Civil Service Tribunal (1st Chamber) of 16 July 2015 — EJ v Commission

(Case F-112/14) (1)

((Civil service - Officials - Reform of the Staff Regulations - Regulation No 1023/2013 - Types of posts - Transitional rules concerning assignment to types of posts - Article 30(2) of Annex XIII to the Staff Regulations - Lawyer administrators in grade AD 13 of the Commission’s Legal Service - Situation of ‘legal advisers’ and ‘members of the Legal Service’ - Methods of accessing grade AD 13 under the 2004 Staff Regulations - Promotion under Article 45 of the Staff Regulations - Appointment pursuant to Article 29 of the Staff Regulations - Assignment to the types of posts ‘Adviser or equivalent’ and ‘Administrator in transition’ - Act adversely affecting an official - Concept of ‘significant responsibilities’ - Concept of ‘special responsibilities’ - Equal treatment - Opportunity for promotion to grade AD 14 - Legitimate expectations - Principle of legal certainty))

(2015/C 279/64)

Language of the case: French

Parties

Applicant: EJ (represented by: S. Orlandi, lawyer)

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

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

Re:

Action for annulment of the appointing authority’s decisions to assign the applicants, in accordance with the new rules on career and promotion applicable after the reform of the Staff Regulations of 1 January 2014, to the type of post ‘Senior Administrator in transition’, thereby depriving them, in their view, of the opportunity of promotion to grade AD 14, and for a declaration that Article 30(3) of Annex XIII to the Staff Regulations is unlawful.

Operative part of the judgment

The Tribunal:

1. Annuls the individual decisions, as evidenced by a note added after 1 January 2014 to the applicants’ individual computerised files, adopted by the appointing authority of the European Commission, assigning EJ and the other applicants whose anonymised names are set out in the annex hereto to the post which within the European Commission is entitled ‘Senior Administrator in transition’ and corresponds to the Staff Regulations type of post ‘Administrator in transition’;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by EJ and the other applicants whose anonymised names are set out in the annex hereto;

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

(1) OJ C 26, 26.01.2015, p. 47.
EN Official Journal of the European Union C 228/27

Judgment of the Civil Service Tribunal (Single Judge) of 3 June 2015 — Bedin v Commission

(Case F-128/14) (1)

((Civil Service - Officials - Disciplinary procedure - Disciplinary action - Respective roles and powers of the Disciplinary Board and the Appointing Authority - Assessment of whether the facts complained of are established))

(2015/C 228/40)

Language of the case: French

Parties

Applicant: Luc Bedin (Watermael-Bisfort, Belgium) (represented by: L. Vogel, lawyer)

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

Re:

Application for annulment of the Appointing Authority’s decision to impose on the applicant the disciplinary penalty of deferment of advancement to a higher step for a 12-month period.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 34, 2.2.2015, p 51.
EN Official Journal of the European Union C 106/47

Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Bulté and Krempa v Commission

(Case F-96/14) (1)

((Civil service - Surviving dependants of a deceased former official - Pensions - Survivors’ pensions - Article 85 of the Staff Regulations - Recovery of overpayment - No due reason for the payment - Patent irregularity - None))

(2016/C 106/56)

Language of the case: French

Parties

Applicants: Hilde Bulté and Tom Krempa (Brussels, Belgium) (represented by: J. Lombaert and A. Surny, lawyers)

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

Re:

Application for annulment of the decision taken by the Commission retroactively revising the survivors’ pensions paid to the applicants and ordering the recovery of the excess amounts received.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 22 November 2013, as set out in the opinion of the Paymaster Office of the same day, to modify, with retroactive effect from 1 August 2010, the pensions paid to Ms Bulté and Mr Krempa in their capacity as the surviving dependants of a deceased former official and to recover the sums overpaid to them from 1 August 2010 until November 2013;

2. Orders the European Commission to reimburse Ms Bulté and Mr Krempa for the sums levied on their respective pensions pursuant to the decision referred to in paragraph 1 of this operative part;

3. Orders each of the parties to bear their own costs.

(1) OJ C 7, 12.1.2015, p. 49.
EN Official Journal of the European Union C 398/78

Judgment of the Civil Service Tribunal (Second Chamber) of 21 October 2015 — AQ v Commission

(Case F-57/14) (1)

((Civil Service - Officials - Regulation No 45/2001 - Processing of personal data acquired for private purposes - Administrative enquiry - Disciplinary procedure - Rights of the defence - Duty to state reasons - Disciplinary penalty - Proportionality))

(2015/C 398/92)

Language of the case: French

Parties

Applicant: AQ (represented initially by: L. Massaux, lawyer, and subsequently by: H. Mignard, lawyer)

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

Re:

Application to annul the decision to impose a disciplinary penalty consisting of a reprimand following a disciplinary enquiry and application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 421, 24.11.2014, p. 60.
EN Official Journal of the European Union C 98/62

Judgment of the Civil Service Tribunal (Third Chamber) of 25 January 2016 — Darchy v Commission

(Case F-47/15) (1)

((Civil Service - Officials - Family allowances - Dependent child allowance - Children of the applicant’s spouse - Payment with retroactive effect))

(2016/C 098/80)

Language of the case: French

Parties

Applicant: Marie-Pierre Darchy (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Defendant: European Commission (represented by: T.S. Bohr and A.-C. Simon, acting as Agents)

Re:

Annulment of the decision not to uphold the application for the retroactive grant of the dependent child allowance in respect of the two children of the applicant’s spouse, who live at her home every second week, with effect from the date of their marriage and payment of compensation.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 190, 8.6.2015, p. 35.
EN Official Journal of the European Union C 270/69

Judgment of the Civil Service Tribunal (Single Judge) of 10 June 2016 — HI v Commission

(Case F-133/15) (1)

((Civil service - Officials - Article 11 of the Staff Regulations - Duty of loyalty - Article 11a - Conflict of interests - Official responsible for monitoring a project funded by the European Union - Family link between that official and an employee recruited for the purposes of the project by the company responsible for that project - Disciplinary procedure - Disciplinary action - Downgrading - Lawfulness of the composition of the Disciplinary Board - Obligation to state reasons - Length of the procedure - Reasonable time - Infringement of the rights of the defence - Principle of ne bis in idem - Manifest error of assessment - Proportionality of the penalty - Mitigating circumstances))

(2016/C 270/76)

Language of the case: French

Parties

Applicant: HI (represented by: M. Velardo, lawyer)

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

Re:

Application for annulment of the Commission’s decision to impose on the applicant, following an investigation concerning a conflict of interest, a penalty of permanent downgrading by two grades, and for compensation for the non-material damage which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 414, 14.12.2015, p. 45.
EN Official Journal of the European Union C 191/47

Judgment of the Civil Service Tribunal (3rd Chamber) of 11 April 2016 — FN, FP and FQ v CEPOL

(Case F-41/15 DISS II) (1)

((Civil service - CEPOL staff - Temporary staff - Contract staff - Place of employment corresponding to the seat of CEPOL - Relocation of CEPOL to Budapest (Hungary) - Corresponding change in the place of employment of members of staff - Contractual consequences - Need for consent from members of staff - Correction coefficient applicable to the new place of employment - Legitimate expectations - Principle of sound administration))

(2016/C 191/68)

Language of the case: English

Parties

Applicants: FN, FP and FQ (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Police College (represented by: F. Bánfi and R. Woldhuis, Agents, B. Wägenbaur, lawyer)

Re:

Application for annulment of the decisions of the European Police College (CEPOL) which resulted in either the applicants resigning from their positions at the agency or the applicants relocating from London to Budapest and thereby suffering financial loss, and an application for damages in respect of the material and non-material harm allegedly incurred.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders FN, FP and FQ to bear their own costs and to pay the costs incurred by the European Police College.

(1) OJ C 178, 01/06/2015, p. 28.
Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — De Nicola v EIB

(Case F-100/15) (1)

((Civil Service - EIB staff - Appraisal - 2013 annual staff report - Decision of the Appeals Committee))

(2016/C 364/38)

Language of the case: Italian

Parties

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola and G. Isola, lawyers)

Defendant: European Investment Bank (represented initially by: G. Nuvoli and J.-P. Minnaert, acting as Agents, and A. Dal Ferro, lawyer, and subsequently by: G. Nuvoli and G. Faedo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Annulment, firstly, of the applicant’s staff report for 2013 and, secondly, the consecutive and connected decisions of the EIB such as the decision not to promote him to grade D and compensation for the non-pecuniary and pecuniary damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Carlo De Nicola to bear his own costs and to pay the costs incurred by the European Investment Bank.

(1) OJ C 414, 14.12.2015, p. 41.
Judgment of the Civil Service Tribunal (Second Chamber) of 19 July 2016 — HG v Commission

(Case F-149/15) (1)

((Civil Service - Officials - Officials posted to a non-Member State - Lodging provided by the administration - Obligation to reside there - Disciplinary procedure - Disciplinary penalty - Article 9(1)(c) of Annex IX to the Staff Regulations - Deferment of advancement to a higher step - Compensation for the harm - Article 22 of the Staff Regulations))

(2016/C 364/50)

Language of the case: French

Parties

Applicant: HG (represented by: L. Levi, lawyer)

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

Re:

Application for annulment of the decision imposing on the applicant the penalty of deferment of advancement to a higher step and obliging the applicant to pay compensation in respect of harm allegedly incurred by the European Union, and an application for compensation in respect of the non-material harm and the reputational damage allegedly incurred.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 68, 22.2.2016, p. 46.
EN Official Journal of the European Union C 317/50

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

(Joined Cases F-8/05 and F-10/05) (1)

()

2010/C 317/91

Language of the case: French

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

(1) OJ C 115, 14.5.2005, p. 33 and p. 36.
EN Official Journal of the European Union C 301/67

Order of the Civil Service Tribunal of 23 September 2008 — Tolios and Others v Court of Auditors

(Case F-8/06) (1)

(2008/C 301/132)

Language of the case: French

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

(1) OJ C 74, 25.3.2006, p. 35.
EN Official Journal of the European Union C 340/38

Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Lübking and Others v Commission

(Case F-105/06) (1)

(Civil Service - Officials - Promotion - 2005 promotion exercise - New career structure - Extension of career by the introduction of new grades with no equivalents in the old Staff Regulations - Application of Article 45 of the Staff Regulations, Annex XIII to the Staff Regulations and the GIP applicable with effect from 2005 - Principle of equal treatment - Retroactive effect of promotion decisions to a date prior to 1 May 2004 - Transitional measures - Action manifestly bound to fail)

2011/C 340/78

Language of the case: French

Parties

Applicants: Johannes Lübking and Others (Brussels, Belgium) (represented by: B. Cortese and C. Cortese, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented: initially by M. Simm and B. Driessen, and subsequently by M. Bauer, J. Monteiro and K. Zieleśkiewicz, Agents)

Re:

Annulment of the Commission’s decision published in Administrative Notices No 85 2005 of 23 November 2005 in so far as it provided for promotion of the applicants to grade A*9 and not grade A*10 in the 2005 promotion exercise.

Operative part of the order

1. The application is dismissed.

2. The applicants and the European Commission shall each bear their own costs.

3. The Council of the European Union, the intervener, shall bear its own costs.

(1) OJ C 281 of 18.11.06, p. 45.
EN Official Journal of the European Union C 301/68

Order of the Civil Service Tribunal of 23 September 2008 — Augenault and Others v Council

(Case F-16/06) (1)

(2008/C 301/135)

Language of the case: French

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

(1) OJ C 96, 22.4.2006, p. 38.
EN Official Journal of the European Union C 223/63

Order of the Civil Service Tribunal of 2 April 2008 — S v Parliament

(Case F-64/07) (1)

(2008/C 223/122)

Language of the case: Italian

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

(1) OJ C 199, 25.8.2007, p. 53.
EN Official Journal of the European Union C 64/64

Order of the Civil Service Tribunal (Second Chamber) of 12 December 2007 — Kerelov v Commission

(Case F-110/07)

(Officials - Manifest inadmissibility - Article 44(1)(c) of the Rules of Procedure of the Court of First Instance)

(2008/C 64/105)

Language of the case: French

Parties

Applicant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by: A. Kerelov, lawyer)

Defendant: Commission of the European Communities

Re:

Application for the annulment of EPSO's decision of 7 February 2007 not to transmit to the applicant information and documents relating to a competition and for compensation for the damage he has suffered.

Operative part of the order

1. The application is dismissed as manifestly inadmissible.
EN Official Journal of the European Union C 138/39

Order of the Civil Service Tribunal of 16 September 2011 — Van Arum v Parliament

(Case F-138/07) (1)

2012/C 138/91

Language of the case: Dutch

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

(1) OJ C 92, 12.4.2008, p. 48.
EN Official Journal of the European Union C 24/78

Order of the Civil Service Tribunal (First Chamber) of 10 November 2009 — Marcuccio v Commission

(Case F-70/07) (1)

(Staff case - Officials - Action for damages - Availability of a parallel remedy - Manifestly inadmissible)

2010/C 24/146

Language of the case: Italian

Parties

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

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

Re:

Annulment of the Commission’s decision to not grant the applicant’s application for reimbursement of part of his costs which the Commission was ordered to pay in the order of 6 March 2006 of the Court of First Instance in Case T-176/04 — Application for damages — Case T-176/04 DEP was referred by the Court of First Instance by order of 6 July 2009.

Operative part of the order

1. The first, second, third and sixth heads of claim in the action brought by Mr Marcuccio must be rejected as manifestly inadmissible.

2. The parties are to bear their own costs in relation to the first, second, third and sixth heads of claim in the action brought by Mr Marcuccio, including those incurred in the proceedings in Case T-176/04 DEP.

(1) OJ C 223, 22.9.2007, p. 20.
EN Official Journal of the European Union C 44/78

Order of the Civil Service Tribunal of 27 November 2008 — Wilms v Commission

(Case F-24/08) (1)

(2009/C 44/144)

Language of the case: French

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

(1) OJ C 116, 9.5.2008, p. 34.
EN Official Journal of the European Union C 184/47

Order of the Civil Service Tribunal of 30 April 2014 — Michel v ETF

(Case F-88/08 RENV)

2014/C 184/80

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.
EN Official Journal of the European Union C 282/64

Order of the Civil Service Tribunal (First Chamber) of 7 October 2009 — Marcuccio v Commission

(Case F-3/08) (1)

(Staff case - Officials - Refusal of an institution to translate a decision - Action manifestly lacking any foundation in law - Article 94 of the Rules of Procedure)

2009/C 282/122

Language of the case: Italian

Parties

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

Defendant: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Re:

Annulment of the decision not to translate a note into the language chosen by the applicant — Application for damages.

Operative part of the order

The Tribunal:

1. dismisses Mr Marcuccio’s action as manifestly lacking any foundation in law.

2. orders Mr Marcuccio to pay the costs.

3. orders Mr Marcuccio to pay to the Tribunal the sum of EUR 1 000

(1) OJ C 64 of 08.03.2008, p. 68
EN Official Journal of the European Union C 159/40

Order of the Civil Service Tribunal of 10 April 2014 — Strack v Commission

(Case F-61/09) (1)

2014/C 159/56

Language of the case: German

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

(1) OJ C 193, 15.8.2009, p. 36.
EN Official Journal of the European Union C 209/57

Order of the Civil Service Tribunal (Second Chamber) of 5 May 2010 — Nikolchov v Commission

(Case F-70/09) (1)

()

2010/C 209/93

Language of the case: French

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

(1) OJ C 244, 10.10.2009, p. 16.
EN Official Journal of the European Union C 232/43

Order of the Civil Service Tribunal of 20 May 2011 — Florentiny v Parliament

(Case F-90/10) (1)

2011/C 232/78

Language of the case: French

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

(1) OJ C 55, 19.2.11, p. 36.
EN Official Journal of the European Union C 30/69

Order of the Civil Service Tribunal of 3 September 2010 — Hecq v Commission

(Case F-53/10)

()

2011/C 30/138

Language of the case: French

The President of the Third Chamber has ordered that the case be removed from the register.
EN Official Journal of the European Union C 252/55

Order of the Civil Service Tribunal (Third Chamber) of 16 June 2011 — Ashbrook and Others v Commission

(Case F-99/10) (1)

(Staff cases - Annual adjustment of the remuneration and pensions of officials and other servants - No need to adjudicate)

2011/C 252/121

Language of the case: French

Parties

Applicants: Michael Ashbrook (Luxembourg, Luxembourg) and Others (represented by: B. Cortese, C. Cortese and F. Spitaleri)

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

Re:

Application for annulment of the defendant’s decisions, reproduced in the applicants’ pay slips, to limit the adjustment of their salaries, with effect from July 2009, to an increase of 1,85 % in the context of the annual adjustment of the remuneration and pensions of officials and other servants on the basis of Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009, and claim for compensation.

Operative part of the order

1. There is no need to adjudicate on Case F-99/10 Ashbrook and Others v Commission.

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

(1) OJ C 13, 15.01.2011, p. 42.
EN Official Journal of the European Union C 252/58

Order of the Civil Service Tribunal (Third Chamber) of 18 May 2011 — Carpenito v Council

(Case F-94/10) (1)

2011/C 252/130

Language of the case: French

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

(1) OJ C 13, 15.01.11, p. 41.