ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 252/44

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

(Case F-106/11) (1)

(Civil Service - ECB Staff - Disciplinary proceedings - Disciplinary penalty - Written reprimand)

2013/C 252/74

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, Agents, then by M. López Torres and E. Carlini, Agents and by B. Wägenbaur, lawyer)

Re:

Application to annul the decision of the Deputy Director General of the ECB’s Human Resources, Budget and Organisation Directorate General to impose a reprimand on the applicant.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that BM is to bear his own costs and orders him to pay the costs incurred by the European Central Bank.

(1) OJ C 25, 28.1.2012, p. 68.
EN Official Journal of the European Union C 129/30

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

(Case F-94/11) (1)

(Civil service - Open competition - Annulment of a decision not to include the applicant on the reserve list - Implementation of a judgment - Principle of legality - Plea of illegality directed against the decision to reopen the competition procedure)

2013/C 129/55

Language of the case: German

Parties

Applicant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

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

Re:

Application to annul EPSO’s decision to reopen the procedure for open competition EPSO/AD/26/05 and to invite the applicant to participate again in the oral test and to annul the decision to exclude him from that competition following his absence from that test.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 355, 3.12.2011, p. 30.
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-45/11) (1)

((Civil Service - EIB staff - Appraisal - 2009 staff report - Unlawfulness of the decision of the Adjudication Panel - Refusal of promotion - No need to adjudicate))

(2016/C 048/97)

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)

Re:

Application for annulment of the applicant’s staff report for 2009 in so far as it does not award him A or B+ and does not propose him for promotion to Function D.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Adjudication Panel of the European Investment Bank of 22 September 2010;

2. Holds that there is no need to adjudicate on the pleas seeking annulment of the staff report relating to 2009, the decision of 25 March 2010 refusing promotion or ‘all connected, consequent and prior acts’

3. Dismisses the remainder of the action;

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

(1) OJ C 186, 25.6.2011, p. 35.
EN Official Journal of the European Union C 31/19

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

(Case F-130/11) (1)

(Civil service - Officials - Pensions - Transfer of pension rights acquired in a national pension scheme - Regulation adjusting the rate of contribution to the European Union pension scheme - Adjustment of actuarial values - Need to adopt general implementing provisions - Temporal application of the new general implementing provisions - Withdrawal of a proposal for crediting of pensionable years - Lawfulness - Conditions)

2014/C 31/32

Language of the case: French

Parties

Applicants: Marco Verile (Cadrezzate, Italy) and Anduela Gjergji (Brussels, Belgium) (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

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

Re:

Application for annulment of the decisions transferring pension rights acquired before entry into the Commission’s service based on the recalculated proposal of the PMO.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the European Commission of 20 May 2011 and of 19 May 2011 addressed respectively to Mr Verile and Ms Gjergji;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Verile and Ms Gjergji.

(1) OJ C 65, 3.3.2012, p. 22.
EN Official Journal of the European Union C 252/45

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

(Case F-8/12) (1)

(EASA staff - Member of the temporary staff - Dismissal for incompetence - Duty to have regard for the welfare of officials - External cause for professional difficulties - Psychological harassment - Illness - Damages)

2013/C 252/77

Language of the case: French

Parties

Applicant: BY (Lasne, Belgium) (represented by: B.-H. Vincent, lawyer)

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

Re:

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

Operative part of the judgment

The Tribunal:

1. Orders the European Aviation Safety Agency to pay to BY the sum corresponding to nine months of net remuneration which he received prior to his dismissal;

2. Dismisses the action as to the remainder;

3. Orders the European Aviation Safety Agency to bear its own costs and to pay the costs incurred by BY.

(1) OJ C 65, 3.3.2012, p.28.
EN Official Journal of the European Union C 31/20

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

(Case F-142/12) (1)

(Civil service - Social security - Accident or occupational disease - Article 73 of the Staff Regulations - Partial permanent invalidity - Claim for compensation)

2014/C 31/34

Language of the case: French

Parties

Applicant: A (S., France) (represented by: B. Cambier, A. Paternostre and G. Ladrière, lawyers)

Defendant: European Commission (represented by: V. Joris, acting as Agent, C. Mélotte, lawyer)

Re:

Application for annulment of the Commission’s decision on the application for recognition of occupational disease, which the applicant brought under Article 73 of the Staff Regulations, conferring on him a partial permanent invalidity rate of 20 % and establishing the date of stabilisation as 25 February 2010, and a claim for compensation in respect of his material and non-material damage.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Commission of 11 January 2012 to close the procedure opened under Article 73 of the Staff Regulations of Officials of the European Union as a result of the occupational disease suffered by A;

2. Orders the European Commission to pay to A the sum of EUR 3 500;

3. Dismisses the action as to the remainder;

4. Orders the European Commission to bear its own costs and to pay those incurred by A.

(1) OJ C 26, 26.1.2013, p. 77.
EN Official Journal of the European Union C 352/24

Judgment of the Civil Service Tribunal (Third Chamber) of 18 September 2013 — Scheidemann v Commission

(Case F-76/12) (1)

(Civil service - Official - Inter-institutional transfer - Articles 43 and 45 of the Staff Regulations - Promotion - Merit points - Equal treatment - Autonomy of the institutions)

2013/C 352/45

Language of the case: French

Parties

Applicant: Sabine Scheidemann (Berlin, Germany) (represented by: S. Rodrigues and A. Blot, lawyers)

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

Re:

Application to annul the Commission’s decision concerning the conversion of merit points acquired in another institution and the administrative notice publishing the list of officials promoted in the 2011 promotion exercise.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

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

(1) OJ C 287, 22.09.2012, p.41.
EN Official Journal of the European Union C 129/36

Judgment of the Civil Service Tribunal (3rd Chamber) of 12 March 2014 — CR v Parliament

(Case F-128/12) (1)

((Civil service - Remuneration - Family allowances - Dependent child allowance - Recovery of overpayments - Intention to mislead the administration - Evidence - Not possible to rely against the administration upon the five year time-limit for bringing the application for recovery of the overpayments - Plea of illegality - Pre-litigation procedure - Requirement of consistency between the complaint and the action - Plea of illegality raised for the first time in the action - Admissibility))

2014/C 129/43

Language of the case: French

Parties

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

Defendant: European Parliament (represented by: V. Montebelle-Demogeot and E. Taneva, Agents)

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

Re:

Application to annul the decision to recover, under Article 85(2) of the Staff Regulations, all of the dependent child allowance overpaid to the applicant and not only that overpaid to him during the last five years.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

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

(1) OJ C 26, 26.1.2013, p. 73.
Judgment of the Civil Service Tribunal (Second Chamber) of 21 November 2013 — Roulet v Commission

(Joined Cases F-72/12 and F-10/13) (1)

(Civil Service - Remuneration - Article 66 of the Staff Regulations - Former member of the temporary staff at Grade AD12 - Recruitment as an official at Grade AD6 - Payment of remuneration equivalent to that paid to an official at Grade AD12 - Manifest error - Recovery of undue payments under Article 85 of the Staff Regulations)

(2014/C 71/63)

Language of the cases: French

Parties

Applicant: Josiane Roulet (Ottignies, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

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

Re:

Application for annulment of: (i) the decision rejecting a request for compensation made by the applicant on the basis of Article 90(1) of the Staff Regulations by reason of the errors made when establishing her entitlements when she took up her duties and for the delay in rectifying those errors; and (ii) the Commission’s decision relating to the recovery of a certain amount of the remuneration of the applicant, formerly a member of the temporary staff at Grade A4 (AD12), and subsequently an official at Grade AD6, pursuant to Article 85 of the Staff Regulations.

Operative part of the judgment

The Tribunal:

1. Dismisses the actions in Joined Cases F-72/12 and F-10/13;

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

(1) OJ C 258, 25.8.2012, p. 29; OJ C 108, 13.4.2013, p. 39.
Official Journal of the European Union

Judgment of the Civil Service Tribunal (Single judge) of 21 July 2016 — CC v Parliament

(Case F-9/12 RENV)

((Civil service - Referral back to the Tribunal after setting aside - Action for damages - Non-contractual liability - Errors in the management of the list of suitable candidates - Open competition - Competition notice EUR/A/151/98 - Equal treatment - Measures for compliance with the judgment [confidential] (1) - European Ombudsman’s investigation))

(2016/C 364/32)

Language of the case: French

Parties

Applicant: CC (represented by: G. Maximini, lawyer)

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

Re:

Application for an order that the European Parliament pay compensation for the material and non-material loss suffered by the applicant as a result of errors committed in the management of the relevant reserve list.

Operative part of the judgment

The Tribunal:

1. Orders the European Parliament to pay CC the sum of EUR 12 000.

2. Dismisses the application as to the remainder.

3. Declares that the European Parliament is to bear its own costs and orders it to pay the costs incurred by CC in Cases F-9/12, T-457/13 P and F-9/12 RENV.

(1) Confidential data removed.
EN Official Journal of the European Union C 421/49

Judgment of the Civil Service Tribunal (First Chamber) of 6 May 2014 — Forget v Commission

(Case F-153/12) (1)

((Civil service - Official - Remuneration - Family allowances - Household allowance - Condition governing the grant - Registered partnership under the law of Luxembourg - Couple comprised of stable, non-marital partners having access to legal marriage - Official who does not fulfil the conditions laid down in Article 1(2)(c)(iv) of Annex VII to the Staff Regulations))

2014/C 421/67

Language of the case: French

Parties

Applicant: Claude Forget (Steinfort, Luxembourg) (represented by: M. Kerger, lawyer)

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

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

Re:

Application for annulment of the decision refusing payment of the household allowance and of the survivor’s pension for the applicant’s partner.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders Mr Forget 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 55, 23.02.2013, p. 26.
EN Official Journal of the European Union C 102/44

Judgment of the Civil Service Tribunal (Third Chamber) of 26 February 2014 — Diamantopoulos v EEAS

(Case F-53/13) (1)

((Civil service - Officials - Promotion - Decision not to promote the applicant to grade AD 12 - Implied decision rejecting the complaint - Express decision rejecting the complaint subsequent to the action - Statement of reasons))

2014/C 102/64

Language of the case: French

Parties

Applicant: Alkis Diamantopoulos (Brussels, Belgium) (represented by: S. Orlandi, J.-N. Louis and D. Abreu Caldas, lawyers)

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

Re:

Application for annulment of the decision not to promote the applicant to grade AD 12 in the 2012 promotion year.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European External Action Service not to promote Mr Diamantopoulos to grade AD 12 in the 2012 promotion exercise;

2. Declares that the European External Action Service is to bear its own costs and orders it to pay the costs incurred by Mr Diamantopoulos.

(1) OJ C 215, 27.7.2013, p. 20.
EN Official Journal of the European Union C 351/30

Judgment of the Civil Service Tribunal (1st Chamber) of 2 July 2014 — Psarras v ENISA

(Case F-63/13) (1)

((Civil service - Member of the temporary staff - Termination of contract - Article 41(2)(a), of the Charter of Fundamental Rights of the European Union - Right to be heard - Non-pecuniary harm - Resulting unlawful decision - Excessive breach of the rights of a third party - Automatic compensation order - Non-compliance with an annulment judgment))

2014/C 351/39

Language of the case: Greek

Parties

Applicant: Aristidis Psarras (Heraklion, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Union Agency for Network and Information Security (represented initially by P. Empadinhas, acting as Agent and subsequently by S. Purser, acting as Agent, and C. Meidanis, lawyer)

Re:

Action for annulment, firstly, of the decision to dismiss the applicant and, secondly, of the decision, adopted after the judgment of the CST in Case F-118/10, to appoint another member of staff to the post of accountant and, finally, compensation for the non-pecuniary harm suffered.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 4 September 2012 of the Executive Director of the European Union Agency for Network and Information Security terminating Mr Psarras’s temporary staff contract;

2. Orders the European Union Agency for Network and Information Security to pay Mr Psarras the sum of EUR 40 000 euros;

3. Dismisses the action as to the remainder;

4. Declares that the European Union Agency for Network and Information Security is to bear its own costs and orders it to pay the costs incurred by Mr Psarras.

(1) OJ C 336, 16.11.2013, p. 31.
EN Official Journal of the European Union C 159/38

Judgment of the Civil Service Tribunal (2nd Chamber) of 10 April 2014 — Camacho-Fernandes v Commission

(Case F-16/13) (1)

((Civil service - Officials - Social security - Article 73 of the Staff Regulations - Occupational disease - Exposure to asbestos and to other substances - Medical committee - Refusal to recognise the occupational origin of the disease which caused the official’s death - Lawfulness of the opinion of the medical committee - Principle of collegiate responsibility - Mandate - Statement of reasons - Principle of equal treatment))

2014/C 159/52

Language of the case: French

Parties

Applicant: Ivo Camacho-Fernandes (Funchal, Portugal) (represented by: N. Lhoëst, lawyer)

Defendant: European Commission (represented by: J. Currall and V. Joris, Agents)

Re:

Application to annul the decision of the Joint Sickness Insurance Scheme in so far as it confirms the terms of the draft decision rejecting the application to recognise the occupational origin of the disease which caused the death of the applicant’s wife, a former official.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 108, 13.04.2013, p. 40.
EN Official Journal of the European Union C 146/43

Judgment of the Civil Service Tribunal (Second Chamber) of 5 March 2015 — Gyarmathy v FRA

(Case F-97/13) (1)

((Civil service - Staff of the European Union Agency for Fundamental Rights - Members of the temporary staff - Recruitment - Notice of vacancy - Rejection of candidature))

(2015/C 146/58)

Language of the case: English

Parties

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

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

Re:

Action for annulment of the decision to appoint another candidate to the position of ‘Senior Programme Manager’ and not to appoint the applicant to the second position referred to in the vacancy notice.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Declares that Ms Gyarmathy is to bear her own costs and orders her to pay the costs incurred by the European Union Agency for Fundamental Rights.

(1) OJ C 85, 22.3.2014, p. 26.
EN Official Journal of the European Union C 421/51

Judgment of the Civil Service Tribunal (Second Chamber) of 10 July 2014 — CW v Parliament

(Case F-48/13) (1)

((Civil service - Officials - Staff report - Opinions and comments included in the staff report - Manifest errors of assessment - Misuse of powers - None))

2014/C 421/71

Language of the case: English

Parties

Applicant: CW (represented by: C. Bernard-Glanz, lawyer)

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

Re:

Application for annulment of the applicant’s staff report for 2011.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 207, 20.7.2013, p. 63.
EN Official Journal of the European Union C 89/45

Judgment of the Civil Service Tribunal (Second Chamber) of 22 January 2015 — Kakol v Commission

(Joined Cases F-1/14 and F-48/14) (1)

((Civil Service - Competition - Open competition EPSO/AD/177/10 - Conditions for eligibility - Not admitted to the competition - Failure to state reasons - Admitted to an earlier similar competition - Specific duty to state reasons - Action for annulment - Action for compensation))

(2015/C 089/54)

Language of the case: French

Parties

Applicant: Danuta Kakol (Luxembourg, Luxembourg) (represented initially by: F. Frabetti, lawyer, and subsequently by: R. Duta, lawyer)

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

Re:

F-1/14: Application for annulment of the decision of EPSO not to admit the applicant to the assessment stage because of her level of education which does not correspond to completed university studies of at least three years attested to by a diploma relevant to the post, or equivalent training/an equivalent professional qualification relevant to the post.

F-48/14: Application for annulment, firstly, of the decision of 14 February 2014 by which the selection board in selection procedure EU Careers EPSO/AD/177/10-AUDIT2013-Administrators-AD 5 confirmed, after re-examination, the initial decision of the selection board of 3 October 2013 not to admit the applicant to the assessment centre stage of the competition because her level of education did not correspond to a full cycle of university studies equivalent to at least three years, as evidenced by a diploma related to the nature of the duties, or professional training/qualification related to the nature of the duties and of an equivalent level and, secondly, insofar as necessary, of the initial decision of the selection board of 3 October 2013.

Operative part of the judgment

The Tribunal:

1. Removes Case F-1/14 from the Register of the Tribunal;

2. Annuls the decision of 14 February 2014 of the selection board in competition EPSO/AD/177/10 not to admit Ms Kakol to that competition;

3. Dismisses the remainder of the action in Case F-48/14;

4. Orders the European Commission, in Case F-1/14, to pay the costs incurred by Ms Kakol and to bear its own costs;

5. Orders the European Commission, in Case F-48/14, to bear its own costs and to pay the costs incurred by Ms Kakol.

(1) OJ C 52, 22.2.2014, p. 54, and OJ C 235, 21.7.2015, p. 35.
EN Official Journal of the European Union C 262/40

Judgment of the Civil Service Tribunal (3rd Chamber) of 30 June 2015 — Petsch v Commission

(Case F-124/14) (1)

((Civil service - Member of the contract staff - Crèche and after-school centre staff - Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 - Regulation No 1023/2013 - Increase in working hours - Additional monthly amount - Article 50 of the Rules of Procedure - Hierarchy of norms - General implementing provisions of Article 110(1) of the Staff Regulations - Article 2 of the annex to the CEOS - Articles 27 and 28 of the Charter of Fundamental Rights of the European Union))

(2015/C 262/54)

Language of the case: French

Parties

Applicant: Olivier Petsch (Brussels, Belgium) (represented by: J.-N. Louis, R. Metz, D. Verbeke and N. de Montigny, lawyers)

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

Re:

Application for annulment of the Commission’s decision not to increase the salary of the applicant, who is a member of the contract staff working at the OIB, in the light of the increase in working hours to 40 hours per week as a consequence of the entry into force of the new Staff Regulations on 1 January 2014.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

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

(1) OJ C 7, 12/1/2015, p. 59.