ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 147/33

Judgment of the Civil Service Tribunal (Third Chamber) of 21 March 2013 — Dalmasso v Commission

(Case F-112/11) (1)

(Civil Service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other EU staff - Articles 64, 65 and 65a of the Staff Regulations - Annex XI to the Staff Regulations - Regulation (EU) No 1239/2010 - Corrective coefficients - Officials assigned to Ispra)

2013/C 147/60

Language of the case: French

Parties

Applicant: Raffaele Dalmasso (Monvalle, Italy) (represented by: C. Mourato, lawyer)

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

Re:

Application to annul the applicant’s salary slip for the month of February 2011 and the salary slips for the following months applying the new corrective coefficient for the town of Varese in accordance with Council Regulation (EU) No 1239/2010 of 20 December 2010.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

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

(1) OJ C 6, 7.1.2012, p. 27.
EN Official Journal of the European Union C 46/30

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Mileva v Commission

(Case F-101/11) (1)

(Civil service - Open competition - Notice of competition EPSO/AD/188/10 - Non-inclusion on the reserve list - Composition of the selection board - Permanent and non-permanent members)

2013/C 46/59

Language of the case: French

Parties

Applicant: Tzena Mileva (Paris, France) (represented: initially by E. Boigelot, lawyer, and subsequently by G. Generet, lawyer)

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

Re:

Civil service — Application for the annulment of the decision of the selection board in Open Competition EPSO/AD/188/10 — INTERPRETERS for BULGARIAN (BG) not to include the applicant on the reserve list for that competition and application for damages for material and non-material damage.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 6, 7.1.2012, p. 25.
EN Official Journal of the European Union C 39/27

Judgment of the Civil Service Tribunal (1st Chamber) of 12 December 2013 — BV v Commission

(Case F-133/11) (1)

(Civil service - Appointment - Candidates entered on reserve lists for competitions the notice for which was published prior to the entry into force of the new Staff Regulations - Classification in grade - Principle of equal treatment - Discrimination on grounds of age - Freedom of movement for persons)

2014/C 39/48

Language of the case: German

Parties

Applicant: BV (Berlin, Germany) (represented by: P. Goergen, lawyer)

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

Intervener: Council of the European Union (represented by: J. Herrmann and A.F. Jensen, Agents)

Re:

Annulment of the Commission’s decision classifying the applicant — entered on the reserve list for competition EPSO/A/17/04, the notice for which was published prior to the entry into force of the new Staff Regulations — at Grade AD 6, step 2, pursuant to less advantageous provisions.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

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

(1) OJ C 133, 5.5.2013, p. 29.
EN Official Journal of the European Union C 252/44

Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — BU v EMA

(Joined Cases F-135/11, F-51/12, F-110/12) (1)

(Civil Service - Temporary staff - Non-renewal of a fixed-term contract - Act adversely affecting an official - Request within the meaning of Article 90(1) of the Staff Regulations - Request for the reclassification of a contract - Reasonable period - Complaint against the rejection of a compliant - Article 8 of the CEOS - Duty of care)

2013/C 252/75

Language of the case: French

Parties

Applicant: BU (London, United Kingdom) (represented by: S. Orlandi, J.-N. Louis and D. Abreu Caldas, lawyers)

Defendant: European Medicines Agency (EMA) (represented: in Case F-135/11, by S. Vincenzo initially, then by T. Jablonski and G. Gavrilidou, Agents, and D. Waelbroeck and A. Duron, lawyers; in Case F-51/12, by T. Jablonski and G. Gavrilidou, Agents, and D. Waelbroeck and A. Duron, lawyers, and in Case F-110/12, by T. Jablonski and N. Rampal Olmedo, Agents)

Re:

Application for annulment of the decision of the European Medicines Agency not to renew the applicant’s contract as a member of the temporary staff.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Medicines Agency not to renew BU’s contract, notified by the letter of 30 May 2011;

2. Dismisses the action in Case F-135/11 as to the remainder;

3. Dismisses the actions in Cases F-51/12 and F-110/12;

4. Orders the European Medicines Agency to bear its own costs and to pay the costs incurred by BU in Cases F-135/11 and F-51/12;

5. Orders BU to bear his own costs and to pay the costs incurred by the European Medicines Agency in Case F-110/12.

(1) OJ C 65, 3.3.2012, p. 24; OJ C 209, 14.7.2012, p. 14; OJ C 379, 8.12.12, p. 34.
EN Official Journal of the European Union C 147/34

Judgment of the Civil Service Tribunal (Third Chamber) of 6 March 2013 — Scheefer v Parliament

(Case F-41/12) (1)

(Civil service - Temporary staff - Termination of a temporary staff contract of indefinite duration - Legitimate reason)

2013/C 147/63

Language of the case: French

Parties

Applicant: Séverine Scheefer (Luxembourg, Luxembourg) (represented by: R. Adam and P. Ketter, lawyers)

Defendant: European Parliament (represented by: V. Montebello-Demogeot and M. Ecker, Agents)

Re:

Application to annul the Parliament’s decision to terminate the applicant’s temporary staff contract of indefinite duration and an application for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 138, 12.5.2012, p. 38.
EN Official Journal of the European Union C 352/24

Judgment of the Civil Service Tribunal (First Chamber) of 17 October 2013 — Vasilev v Commission

(Case F-77/12) (1)

(Civil Service - Open competition - Notice of competition EPSO/AD/208/11 - Lack of availability, at the preliminary test, of a keyboard for the applicant to use to which he was accustomed - Refusal of admission to the assessment tests - Equal treatment)

2013/C 352/46

Language of the case: Bulgarian

Parties

Applicant: Vasil Vasilev (Sandanski, Bulgaia) (represented by: R. Nedin, lawyer)

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

Re:

Application to annul the decision not to admit the applicant to the assessment tests in competition EPSO/AD/208/11.

Operative part of the judgment

1. Dismisses the action.

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

(1) OJ C 319, 20.10.2012, p. 18.
EN Official Journal of the European Union C 252/46

Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — CF v EASA

(Case F-40/12) (1)

(Civil service - Former member of the temporary staff - Fixed-term contract - Dismissal during sick leave - Article 16 of the CEOS - Article 48(b)of the CEOS - Psychological harassment)

2013/C 252/80

Language of the case: French

Parties

Applicant: CF (Bierges, Belgium) (represented by: A. Schwend, lawyer)

Defendant: European Aviation Safety Agency (represented by: F. Manuhutu, Agent and D. Waelbroeck and A. Duron, lawyers)

Re:

Application to annul the decision to dismiss the applicant and application for compensation for damage claimed to be suffered because of that dismissal and alleged harassment.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 24 May 2011 whereby the authority empowered to conclude contracts of employment for the European Aviation Safety Agency terminated CF’s contract as a member of the temporary staff;

2. Orders the European Aviation Safety Agency to pay CF the sum of EUR 88 189,76 by way of compensation for her non-material damage;

3. Dismisses the action as to the remainder;

4. Orders the European Aviation Safety Agency to bear its own costs and to pay three quarters of the costs incurred by CF;

5. Orders CF to bear one quarter of its own costs.

(1) OJ C 184, 23.6.2012, p.24
Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Wurster v EIGE

(Joined Cases F-20/12 and F-43/12) (1)

(Civil Service - Staff of the EIGE - Temporary staff - Procedure to assess the management capabilities of staff of the EIGE recently appointed to a middle management post - Reassignment to a non-management post - Right to be heard - Scope of the law - Finding of the Tribunal of its own motion - Substitution of grounds made by the Tribunal of its own motion)

(2014/C 71/58)

Language of the case: French

Parties

Applicant: Barbara Wurster (Vilnius, Lithuania) (represented initially by: T. Bontinck and S. Woog, lawyers, and subsequently by: T. Bontinck and S. Greco, lawyers)

Defendant: European Institute for Gender Equality (EIGE) (represented by: M. Velardo, lawyer)

Re:

Firstly, application for the annulment of the defendant’s decision to reassign the applicant from the position of Head of Operations to a Team Leader position not requiring managerial skills. Secondly, application to annul the decision of the Director of the EIGE rejecting the applicant’s claim for the management allowance for the period between 1 June and 30 September 2011.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Director of the European Institute for Gender Equality of 8 September 2011 to reassign Ms Wurster to the post of Team Leader of the Research and Documentation Centre;

2. Dismisses the remainder of the action;

3. Orders the European Institute for Gender Equality to bear its own costs and to pay the costs incurred by Ms Wurster.

(1) OJ C 138, 12.5.2012, p. 35; OJ C 200, 7.7.2012, p. 21.
EN Official Journal of the European Union C 39/28

Judgment of the Civil Service Tribunal (First Chamber) of 12 December 2013 — Lebedef v Commission

(Case F-68/12) (1)

(Civil service - Officials - Staff report - 2010 appraisal procedure - Application for annulment of staff report - Application for annulment of number of promotion points awarded)

2014/C 39/51

Language of the case: French

Parties

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

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

Re:

Application for annulment of promotion points awarded to the applicant and his staff report for the period from 1 January 2010 to 31 December 2010.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 258, 25.8.2012, p. 28.
EN Official Journal of the European Union C 421/48

Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2014 — Cerafogli v ECB

(Case F-26/12) (1)

((Civil service - ECB staff - Access of ECB staff to documents connected with their employment relationship - Rules applicable to requests from ECB staff - Pre-litigation procedure - Rule of correspondence - Plea of illegality raised for the first time in the action - Admissibility - Right to effective judicial protection - Consultation of the Staff Committee for the purpose of adopting rules applicable to requests from ECB staff for access to documents connected with their employment relationship))

2014/C 421/66

Language of the case: English

Parties

Applicant: Maria Concetta Cerafogli (Frankfurt am Main, Germany) (represented by: S. Pappas, lawyer)

Defendant: European Central Bank (ECB) (represented by: A. Sáinz de Vicuña Barroso, E. Carlini and S. Lambrinoc, acting as Agents, assisted by B. Wägenbaur, lawyer)

Re:

Application for annulment of the ECB’s decision refusing to grant the applicant access to documents, and a claim for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 21 June 2011 whereby the Deputy Director-General of the Directorate General for Human Resources, Budget and Organisation of the European Central Bank partially rejected the request for access to certain documents submitted by Ms Cerafogli on 20 May 2011;

2. Orders the European Central Bank to pay Ms Cerafogli EUR 1 000;

3. Dismisses the action as to the remainder;

4. Declares that the European Central Bank is to bear its own costs and orders it to pay the costs incurred by Ms Cerafogli.

(1) OJ C 184, 23.6.2012, p. 22.
EN Official Journal of the European Union C 194/39

Judgment of the Civil Service Tribunal (Third Chamber) of 14 May 2014 — Alexandrou v Commission

(Case F-140/12) (1)

((Civil Service - Open competition EPSO/AD/231/12 - Access to documents - Refusal of the confirmatory request for access to the multiple-choice questions put in the admission tests))

2014/C 194/56

Language of the case: French

Parties

Applicant: Christodoulos Alexandrou (Luxembourg, Luxembourg) (represented by: R. Duta, lawyer)

Defendant: European Commimssion (represented by: B. Eggers and G. Gattinara, acting as Agents)

Re:

Application for annulment of the refusal of the confirmatory request for access, made by the applicant to the Commission, to some questions put to him in the pre-selection procedure of open competitions EPSO/AD/230 231/12.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 26, 26.1.2013, p. 76.
Judgment of the Civil Service Tribunal (3rd Chamber) of 1 October 2014 — DF v Commission

(Case F-91/13) (1)

((Civil service - Remuneration - Expatriation allowance - Travel expenses - Secondment of the applicant in a country of which he is a national - Condition set out in Article 4(1)(b) of Annex VII to the Staff Regulations))

(2014/C 395/76)

Language of the case: English

Parties

Applicant: DF (represented by: L. Levi and A. Blot, lawyers)

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

Re:

An application for annulment of the decision to request from the applicant the reimbursement of the expatriation allowance and the travel expenses which he received during his posting in Germany, between 1 September 2009 and 31 August 2012, and an application for reimbursement of the sums already deducted and for the grant of damages.

Operative part of the judgment

The Tribunal:

1. Orders the European Commission to pay DF the sum of EUR 1 500 in compensation for non-material harm suffered by him;

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 one quarter of the costs incurred by DF;

4. Declares that DF is to bear three quarters of his own costs.

(1) OJ C 367, 14/12/2013, p. 40.
EN Official Journal of the European Union C 184/39

Judgment of the Civil Service Tribunal (2nd Chamber) of 30 April 2014 — López Cejudo v Commission

(Case F-28/13) (1)

((Civil service - Investigation of the European Anti-Fraud Office (OLAF) - Daily subsistence allowance - Article 10 of Annex VII to the Staff Regulations - Recovery of amounts unduly paid - Deductions from remuneration - Article 85 of the Staff Regulations - Intention to mislead the administration - Reasonable time-limit))

2014/C 184/63

Language of the case: French

Parties

Applicant: José López Cejudo (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

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

Re:

Application to annul the decisions to make several deductions from the applicant’s salary in respect of the months of June, July, August, September and October 2012

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 207, 20.07.2013, p. 57.
EN Official Journal of the European Union C 213/42

Judgment of the Civil Service Tribunal (Second Chamber) of 18 May 2015 — Gyarmathy v EMCDDA

(Case F-79/13) (1)

((Civil service - EMCDDA staff - Temporary staff - Decision not to renew a contract of employment - Psychological harassment - Request for assistance - Administrative inquiry - Judgment by default - Examination of the admissibility of the application - Act adversely affecting the applicant - Inadmissibility - Allocation of costs))

(2015/C 213/68)

Language of the case: English

Parties

Applicant: Valéria Anna Gyarmathy (Györ, Hungary) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (represented by: D. Storti and F. Pereyra, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment, first, of the decision rejecting the applicant’s request seeking recognition of the fact that she had been the victim of psychological harassment on the part of her line manager and, secondly, of the decision not to renew her contract and, as a result, an application for a new investigation to be conducted and for damages in respect of the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 31, 1/2/2014, p. 22.
EN Official Journal of the European Union C 7/47

Judgment of the Civil Service Tribunal (Second Chamber) of 13 November 2014 — de Loecker v EEAS

(Case F-78/13) (1)

((Civil servants - EEAS staff - Temporary agent - Head of delegation in a third country - Early cessation of the functions of head of delegation - Transfer to EEAS headquarters - Rights of the defence - Interest of the service - Reasons))

(2015/C 007/53)

Language of the case: French

Parties

Applicant: Stéphane de Loecker (Brussels, Belgium) (represented by: initially J.-N. Louis, A. Coolen and É. Marchal, lawyers, subsequently J.-N. Louis)

Defendant: European External Action Service (represented by: S. Marquardt and M. Silva, Agents)

Re:

Application for annulment of the decision to transfer the applicant from the EEAS office in Burundi to its headquarters in Brussels.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr De Loecker to bear his own costs and to pay those incurred by the European External Action Service.

(1) OJ C 291, 5.10.2013, p. 7.
EN Official Journal of the European Union C 146/44

Judgment of the Civil Service Tribunal (Third Chamber) of 18 March 2015 — Rajala v OHIM

(Case F-24/14) (1)

((Civil service - Officials - Reports procedure - Appraisal report - General assessment of performance - Consistency))

(2015/C 146/59)

Language of the case: French

Parties

Applicant: Tuula Rajala (El Campello, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Paolacci, acting as Agent)

Re:

Application for annulment of the applicant’s appraisal report in respect of the period from 1 October 2011 to 31 December 2012.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Ms Rajala is to bear half of her own costs;

3. Declares that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) is to bear its own costs and orders it to pay half of the costs incurred by Ms Rajala.

(1) OJ C 175, 10.6.2014, p. 55.
Case F-53/14: Judgment of the Civil Service Tribunal (First Chamber) of 7 July 2015 — ( *1 ) v Commission (Civil service — Remuneration — Family allowances — Dependent child allowance — Article 2(4) of Annex VII to the Staff Regulations — Person treated as a dependent child — Person whom the official has a legal responsibility to maintain and whose maintenance involves heavy expenditure — Conditions for granting — Withdrawal of entitlement to the allowance — Recovery of overpayments under Article 85 of the Staff Regulations)

( *1 ) Information erased within the framework of the protection of individuals with regard to the processing of personal data.

Judgment of the Civil Service Tribunal (First Chamber) of 7 July 2015 — ( *1 ) v Commission

(Case F-53/14) ( 1 )

‛(Civil service — Remuneration — Family allowances — Dependent child allowance — Article 2(4) of Annex VII to the Staff Regulations — Person treated as a dependent child — Person whom the official has a legal responsibility to maintain and whose maintenance involves heavy expenditure — Conditions for granting — Withdrawal of entitlement to the allowance — Recovery of overpayments under Article 85 of the Staff Regulations)’

Parties

Applicants: ( *1 ) (represented by: V. Simeons, lawyer)

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

Re:

Annulment of the decisions withdrawing the dependent person allowance granted to the applicant in respect of her mother and cover by the Joint Sickness Insurance Scheme of the European institutions (JSIS) and annulment of the decisions to recover the sums overpaid.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that ( *1 ) is to bear her own costs and orders her to pay those incurred by the European Commission.

( *1 ) Information erased within the framework of the protection of individuals with regard to the processing of personal data.

( 1 ) OJ C 421, 24.11.2014, p. 58.
EN Official Journal of the European Union C 228/27

Judgment of the Civil Service Tribunal (Third Chamber) of 3 June 2015 — Gross v EEAS

(Case F-78/14) (1)

((Civil Service - Staff of the EEAS - Officials - Promotion - Articles 43 and 45(1) of the Staff Regulations - Comparative examination of the merits of all officials eligible for promotion - Officials put forward by the services of the EEAS and those not put forward - Taking into account of the staff reports - Exclusively literal assessments))

(2015/C 228/39)

Language of the case: French

Parties

Applicant: Philipp Oliver Gross (Brussels, Belgium) (represented initially by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently by: J.-N. Louis, laywer)

Defendant: European External Action Service (EEAS) (represented by: S. Marquardt and M. Silva, acting as Agents)

Re:

Annulment of the decisions not to promote the applicant to the next grade in the 2013 promotion procedure of the European External Action Service (EEAS).

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Appointing Authority of the European External Action Service of 9 October 2013 establishing the list of officials promoted under promotion year 2013 in so far as the name of Mr Gross is not included;

2. Orders the European External Action Service to bear its own costs and to pay the costs incurred by Mr Gross.

(1) OJ C 388, 3.11.2014, p. 31.