ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/50

Judgment of the Civil Service Tribunal (First Chamber) of 5 July 2011 — V v Parliament

(Case F-46/09) (1)

(Staff case - Contract staff - Conditions of engagement - Whether physically fit - Pre-recruitment medical examination. - Protection of individuals with regard to the processing of personal data - Medical confidentiality - Transfer of medical data between institutions - Right to respect for private life)

2011/C 282/92

Language of the case: French

Parties

Applicant: V (Brussels, Belgium) (represented by: É. Boigelot and S. Woog, lawyers)

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

Intervener in support of the applicant: European Data Protection Supervisor (represented by M. V. Pérez Asinari and H. Kranenborg, agents)

Re:

First, annulment of the medical opinion of physical unfitness of 18 December 2008 and, second, annulment of the decision to withdraw the offer of employment previously made to the applicant.

Operative part of the judgment

The Tribunal:

1. annuls the decision of 19 December 2008 whereby the European Parliament withdrew the offer of employment made to V;

2. orders the European Parliament to pay V the sum of EUR 25 000;

3. dismisses the action for the remainder;

4. orders the European Parliament to pay the applicant’s costs and to bear its own costs;

5. orders the European Data Protection Supervisor, as intervener, to bear its own costs.

(1) OJ C 11 of 16.01.10, p. 40.
EN Official Journal of the European Union C 362/23

Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — Allen v Commission

(Case F-23/10) (1)

(Civil service - Social security - Serious illness - Article 72 of the Staff Regulations - Extension of sickness cover under the JSIS - Criterion of absence of insurance under another scheme)

2011/C 362/38

Language of the case: English

Parties

Applicant: Finola Allen (Armacão de Pera, Portugal) (represented by: L. Levi and A. Blot, lawyers)

Defendant: Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Action for annulment of the decision to reject the application for recognition that the applicant has a serious illness.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of 30 June 2009, 17 July 2009 and 7 January 2010 by which the European Commission refused to recognise that Ms Allen was suffering from a serious illness and refused to extend her sickness cover;

2. Dismisses the action as to the remainder of the heads of claim;

3. Orders the European Commission to bear all the costs.

(1) OJ C 161, 19.6.2010, p. 58.
EN Official Journal of the European Union C 232/41

Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — AQ v European Commission

(Case F-66/10) (1)

(Staff case - Officials - Appraisal report - Appraisal period 2009 - Appraiser’s grade lower than that of the holder of the post - Appraisal of performance in part of the reference period - Failure to fix objectives for the holder of the post)

2011/C 232/72

Language of the case: French

Parties

Applicant: AQ (Brussels, Belgium) (represented by: L. Massaux, lawyer)

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

Re:

Application for annulment of the appraisal report covering the period from 1 January to 31 December 2008, in that it classified the applicant in performance level III and awarded him two promotion points.

Operative part of the judgment

The Tribunal:

1. Annuls the report appraising AQ in the appraisal and promotion period 2009 and also the decision awarding AQ two promotion points for the same period;

2. Orders the European Commission to pay AQ the sum of EUR 2 000;

3. Dismisses the remainder of the claims in the action;

4. Orders the European Commission to pay all the costs.

(1) OJ C 288, 23.10.2010, p. 74.
2.

Orders the European Commission to pay Mr Bovagnet the difference between the amount of education allowance granted and that which would result from the calculation of the allowance including the costs incurred for the contribution to the investment funds and the working capital of the school that his two children attend, subject to the ceiling laid down under Article 3 of Annex VII to the Staff Regulations of Officials of the European Union;
EN Official Journal of the European Union C 138/23

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

(Case F-19/10) (1)

(Civil service - Open competition - Non-inclusion on the reserve list - Evaluation of the oral test - Composition of the selection board)

2012/C 138/43

Language of the case: French

Parties

Applicant: Letizia Marsili (Brussels, Belgium) (represented by: K. Van Maldegem, C. Mereu and M. Velardo, lawyers)

Defendant: European Commission (represented by: B. Eggers and J. Baquero Cruz, Agents)

Re:

Application for annulment of the decision of the Commission not to include the applicant on the reserve list for competition EPSO/AST/51/08, and for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Marsili to pay all the costs.

(1) OJ C 161, 19.6.2010, p. 57.
EN Official Journal of the European Union C 189/30

Judgment of the Civil Service Tribunal (Second Chamber) of 16 May 2013 — de Pretis Cagnodo and Trampuz de Pretis Cagnodo v Commission

(Case F-104/10) (1)

(Civil service - Social security - Serious illness - Concept - Hospitalisation - Reimbursement - Direct payment by the claims settlement office - No upper limit in the general implementing provisions for costs of stay - Obligation to inform the insured beforehand in the event of excessive billing)

2013/C 189/62

Language of the case: Italian

Parties

Applicants: Mario Alberto de Pretis Cagnodo and Serena Trampuz (Trieste, Italy) (represented by: C. Falagiani, lawyer)

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

Subject-matter and description of the proceedings

Annulment of the decision refusing to reimburse 100 % of certain medical expenses in connection with the hospitalisation of the applicant’s wife.

Operative part of the judgment

The Court:

1. Annuls the decision of the claims settlement office, Ispra (Italy), as evidenced by payment note No 10 of 1 October 2009, charging Mr de Pretis Cagnodo the amount of EUR 28 800 for costs of stay for Mrs Trampuz de Pretis Cagnodo, considered excessive;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear all its own costs and to pay all costs incurred by Mr de Pretis Cagnodo and Mrs Trampuz de Pretis Cagnodo.

(1) OJ C 13, 15.1.2011, p. 42.
EN Official Journal of the European Union C 343/22

Judgment of the Civil Service Tribunal (First Chamber) of 18 September 2012 — Allgeier v FRA

(Case F-58/10) (1)

(Civil service - Duty of assistance - Article 24 of the Staff Regulations - Psychological harassment - Administrative inquiry)

2012/C 343/38

Language of the case: English

Parties

Applicant: Timo Allgeier (Vienna, Austria) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights (FRA) (represented by: M. Kjærum, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

First, application for annulment of the decision of the defendant not to pursue the complaint for psychological harassment lodged by the applicant. Second, application for recognition that the applicant has been a victim of psychological harassment on the part of his superiors, and for compensation for the material and non-material loss suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 16 October 2009 of the European Union Agency for Fundamental Rights;

2. Orders the European Union Agency for Fundamental Rights to pay Mr Allgeier the sum of EUR 5 000;

3. Dismisses the remainder of the application;

4. Orders the European Union Agency for Fundamental Rights to bear its own costs and to pay the costs incurred by Mr Allgeier.

(1) OJ C 260, 25.9.2010, p. 27.
EN Official Journal of the European Union C 38/31

Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Van Neyghem v Council

(Case F-77/11) (1)

(Civil service - Officials - Promotion - Promotion year 2007 - Refusal of promotion - Annulment - Implementing measures - Fresh comparative examination of the merits)

2013/C 38/59

Language of the case: French

Parties

Applicant: Kris Van Neyghem (Tienen, Belgium) (represented by: M. Verlando, lawyer)

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

Re:

Application to annul the decision adopted in implementation of the judgment in Case F-53/08 rejecting the applicant’s application for promotion to grade AST 7 in promotion year 2007 and the application for compensation for the damage allegedly suffered by the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the Council of the European Union to bear its own costs and to pay one quarter of those incurred by Mr Van Neyghem;

3. Orders Mr Van Neyghem to bear three-quarters of his own costs.

(1) OJ C 340, 19.11.2011, p. 40.
EN Official Journal of the European Union C 287/40

Judgment of the Civil Service Tribunal (First Chamber) of 10 July 2012 — AV v Commission

(Case F-4/11) (1)

(Civil service - Temporary agent - Recruitment - Medical cover deferment - Retroactive application of medical cover deferment - Opinion of invalidity committee)

2012/C 287/72

Language of the case: French

Parties

Applicant: AV (Cadrezzate, Italy) (represented by: A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, agents)

Re:

Annulment of decisions to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union and not to grant him entitlement to the invalidity allowance.

Operative part of the judgment

The Tribunal:

1. annuls the decision of 12 April 2010 whereby the European Commission deferred medical cover in respect of AV as provided for by Article 32 of the Conditions of employment of other servants of the European Union;

2. annuls the decision of the European Commission of 16 April 2010 in so far as it denied AV entitlement to the invalidity allowance;

3. orders the European Commission to bear its own costs and to pay the costs incurred by AV.

(1) OJ C 179 18.6.2011, p. 21.
EN Official Journal of the European Union C 252/43

Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — BM v ECB

(Case F-78/11) (1)

(Civil service - ECB Staff - Retroactive extension of the probationary period - Decision to end the contract during the probationary period - Disciplinary proceedings)

2013/C 252/71

Language of the case: English

Parties

Applicant: BM (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented: initially by P. Embley, M. López Torres and E. Carlini, acting as Agents, and subsequently by M. López Torres and E. Carlini, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application to annul the ECB’s decision to terminate the applicant’s contract during the probationary period because of a disciplinary fault punished by a reprimand.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Executive Board of the European Central Bank of 20 May 2011, which terminates BM’s contract as of 31 October 2011;

2. Dismisses the action as to the remainder;

3. Declares that the European Central Bank is to bear its own costs and orders it to pay the costs incurred by BM.

(1) OJ C 319, 29.10.11, p. 30.
EN Official Journal of the European Union C 147/32

Judgment of the Civil Service Tribunal (2nd Chamber) of 21 March 2013 — Taghani v Commission

(Case F-93/11) (1)

(Civil service - Open competition - Selection board’s decision not to admit to the assessment tests - Remedies - Court action brought without waiting for a decision on the administrative complaint - Admissibility - Amendment of the competition notice after admission tests held - Principle of the protection of legitimate expectations - Legal certainty)

2013/C 147/58

Language of the case: French

Parties

Applicant: Jamal Taghani (Brussels, Belgium) (represented by: S. Rodrigues and A. Blot, lawyers)

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

Re:

Application for annulment of the decision adopted by the chairman of the selection board for Competition EPSO/AST/111/10 — Secretaries (AST 1) not to admit the applicant to the assessment tests.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the selection board for open competition EPSO/AST/111/10, of 15 June 2011, not to admit Mr Taghani to the assessment tests;

2. Orders the European Commission to pay EUR 1 000 to Mr Taghani;

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 347, 26.11.2011, p. 46.
EN Official Journal of the European Union C 363/46

Judgment of the Civil Service Tribunal (First Chamber) of 21 September 2015 — Anagnostu and Others v Commission

(Case F-72/11) (1)

((Civil Service - Officials - Promotion - 2010 and 2011 promotion procedures - Reference multiplication rates - Article 6(2) of the Staff Regulations - Transitional measures for the period between 1 May 2004 and 30 April 2011 - Article 9 of Annex XIII to the Staff Regulations - General Implementing Provisions of Article 45 of the Staff Regulations - Setting of promotion thresholds - Not included in the list of promoted officials - Interest in bringing proceedings))

(2015/C 363/54)

Language of the case: French

Parties

Applicants: Anastasios Anagnostu (Woluwe-Saint-Pierre, Belgium) and 24 other applicants (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Application, firstly, for annulment of the decisions setting the promotion thresholds for the 2010 and 2011 procedures as regards grades AD 13 and AD 14 and, secondly, for annulment of the list of officials promoted to grades AD 13 and AD 14 for the 2010 exercise and annulment of the Commission’s implied decision not to promote a larger number of other officials to grades AD 12 or AD 13.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the European Commission of 26 November 2010 not to promote Mr Antoulas, Ms Bruni, Ms Nicolaidou-Kallergis and Mr Xanthopoulos;

2. Dismisses the remainder of the action;

3. Orders the European Commission to bear four twenty-fifths of its own costs and to pay four twenty-fifths of the costs incurred by the applicants;

4. Orders the applicants other than Mr Antoulas, Ms Bruni, Ms Nicolaidou-Kallergis and Mr Xanthopoulos to bear twenty-one twenty-fifths of their own costs and to pay twenty-one twenty-fifths of the costs incurred by the European Commission.

(1) OJ C 290, 1.10.2011, p. 20.
EN Official Journal of the European Union C 31/19

Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2013 — Teughels v Commission

(Case F-117/11) (1)

(Civil service - Officials - Pensions - Transfer of pension rights acquired under a national pension scheme - Regulation adapting the rate of contribution to the EU pension scheme - Adaptation of actuarial values - Need to adopt general implementing provisions - Temporal application of new general implementing provisions)

2014/C 31/31

Language of the case: French

Parties

Applicant: Catherine Teughels (Eppegem, Belgium) (represented by: L. Vogel, lawyer)

Defendant: European Commission (represented by: D. Martin and J. Baquero Cruz, Agents)

Re:

Action for annulment of the decision of the Office for administration and payment of individual rights determining the applicant’s retirement pension rights and of the calculation of the number of years of pensionable service to be taken into account in order to determine those rights.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the European Commission to bear its own costs and to bear the costs incurred by Ms Teughels.

(1) OJ C 25 of 28 01 2012, p. 70.
EN Official Journal of the European Union C 252/45

Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Di Prospero v Commission

(Case F-12/12) (1)

(Civil Service - Appointment - Success in a competition following a request to the applicant to sit the competition with a view to complying with a judgment - Appointment in the grade with retroactive effect)

2013/C 252/78

Language of the case: French

Parties

Applicant: Rita Di Prospero (Brussels, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

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

Re:

Civil Service — Action for annulment of the Commission’s implied decision rejecting the applicant’s request for classification at grade AD 11 with retroactive effect as at 1 January 2010 and for compensation for damage allegedly suffered.

Operative part of the judgment

The Tribunal:

1. The decision of the European Commission of 18 October 2011 refusing to grade Ms Di Prospero in grade AD 11 with retroactive effect from 1 January 2010 is annulled;

2. The remainder of the action is dismissed;

3. The European Commission shall bear its own costs and shall pay those incurred by Ms Di Prospero.

(1) OJ C 138, 12.5.2012, p. 32.
EN Official Journal of the European Union C 9/28

Judgment of the Civil Service Tribunal (1st Chamber) of 17 October 2013 — BF v Court of Auditors of the European Union

(Case F-59/12) (1)

(Civil service - Appointment - Recruitment of a director - Vacancy notice - Act adversely affecting an official - None - Inadmissibility)

2014/C 9/45

Language of the case: French

Parties

Applicant: BF (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J. Vermer, Agents, assisted by D. Waelbroeck, lawyer)

Re:

Application to annul vacancy notice ECA/2011/67 of the Court of Auditors for the post of Director of the Human Resources Directorate.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders BF to bear his own costs and to pay the costs incurred by the Court of Auditors of the European Union.

(1) OJ C 227, 28.7.2012, p. 38.
EN Official Journal of the European Union C 352/24

Judgment of the Civil Service Tribunal (3rd Chamber) of 23 October 2013 — D'Agostino v Commission

(Case F-93/12) (1)

(Civil service - Member of the contract staff - Article 3a of the CEOS - Non-renewal of a contract - Duty of care - Interests of the service - Full and detailed examination within all departments of the possibility of employment corresponding to the tasks envisaged in the contract)

2013/C 352/47

Language of the case: French

Parties

Applicant: Luigi D’Agostino (Luxembourg, Luxembourg) (represented by: M.-A. Lucas, lawyer)

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

Re:

Application to annul the decision not to renew the applicant’s contract as a member of the contract staff.

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s decision of 1 December 2011 not to renew Mr D’Agostino’s contract;

2. Dismisses the action as to the remainder;

3. Orders the Commission to bear its own costs and to pay one third of the costs incurred by Mr D’Agostino;

4. Orders Mr D’Agostino to bear two thirds of his own costs.

(1) OJ C 343, 10.11.2012, p. 23.
EN Official Journal of the European Union C 85/25

Judgment of the Civil Service Tribunal (First Chamber) of 11 February 2014 — Armani v Commission

(Case F-65/12) (1)

(Civil Service - Remuneration Annulment of the decision of the Commission not to grant the applicant family allowance in respect of his wife’s son of a previous marriage - Family allowances - Entitlement to the dependent child allowance - Dependent child - Child of the applicant’s wife)

2014/C 85/41

Language of the case: French

Parties

Applicant: Enrico Maria Armani (Brussels, Belgium) (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

Application for the annulment of the decision of the Commission not to grant the applicant family allowance in respect of his wife’s son of a previous marriage.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 17 August 2011, by which the European Commission refused to recognise Mr Armani’s entitlement to a dependent child allowance in respect of his wife’s child;

2. Dismisses the remainder of the action;

3. Orders the European Commission to bear its own costs and to pay those incurred by Mr Armani.

(1) OJ C 243, 11.8.2012, p. 34.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Second Chamber) of 7.11.2013

Cortivo v Parliament

(Case F-52/12) (1)

(Civil service - Officials - Pensions - Correction coefficient - Member State of residence - Concept - Principal residence - Residence shared between Member States - Documents in support - Legitimate expectations)

(2014/C 71/62)

Language of the case: French

Parties

Applicant: Maria Luisa Cortivo (Sagone, France) (represented by: A. Salerno, lawyer)

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

Re:

Application for annulment, first, of the decision fixing the applicant’s main place of residence in Luxembourg; and, second, of the decision modifying the applicant’s pension entitlements by withdrawing the correction coefficient for France as from 1 January 2010.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Ms Cortivo to bear her own costs and to pay the costs incurred by the European Parliament.

(1) OJ C 200, 7.7.2012 p. 22.
EN Official Journal of the European Union C 48/88

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

(Case F-37/12) (1)

((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 048/98)

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 T. Gilliams, 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 rejected, following the opinion of the ‘Dignity at work’ Panel, the applicant’s complaint concerning psychological harassment and, on the other, the findings of the opinion of that Panel in so far as it does not find any facts of psychological harassment.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 20 December 2011 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;

3. Orders the European Investment Bank to bear its own costs and to pay the costs incurred by Mr De Nicola.

(1) OJ C 184, 23.6.2012, p. 24.