Case F-119/05: Judgment of the Civil Service Tribunal of 16 January 2007 — Gesner v OHIM (Officials — Invalidity — Refusal of request for the establishment of an Invalidity Committee)
Date: 2007-02-24
Institutions: Civil Service Tribunal
Subjects: European Union Intellectual Property Office, action by staff, disability insurance, illness, regulations for civil servants, servant (EU)

24.2.2007

EN

Official Journal of the European Union

C 42/47

Judgment of the Civil Service Tribunal of 16 January 2007
— Gesner v OHIM

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer, agents)

(Case F-119/05) (1)

(Officials — Invalidity — Refusal of request for the establish-
ment of an Invalidity Committee)

(2007/C 42/81)

Language of the case: Spanish

Re:

Annulment of the decision of the Commission refusing the
applicant the benefit of the installation allowance and the daily
subsistence allowance and reimbursement of
travel expenses
following the establishment of her place of recruitment as Brus-
sels

Parties

Operative part of the judgment

Applicant: Charlotte Gesner (Birkerod, Denmark) (represented by:
J. Vázquez Vázquez and C. Amo Quiñones, lawyers)

The Tribunal:

Defendant: Office for Harmonisation in the Internal Market
(represented by: I. de Medrano Caballero, Agent)

Re:

case — Annulment of

Staff
the decision of OHIM of
2 September 2005 refusing the applicant's request for the estab-
lishment of an Invalidity Committee to evaluate her inability to
perform the duties corresponding to a post in her function
group, and her right to claim invalidity allowance

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 21 April 2005 by which the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) refused Ms Gesner's request for the establishment of an
Invalidity Committee;

2. Orders OHIM to pay the costs.

(1) OJ C 96, 22.4.2006, p. 34.

1. Declares that the decision of

the Commission of

the European
Communities of 2 March 2005 is annulled in so far as it refuses
to grant the applicant the installation allowance provided for in
Article 5(1) of Annex VII to the Staff Regulations and the daily
subsistence allowance provided for in Article 10(1) of that Annex;

2. Orders the Commission of the European Communities to pay the
applicant, in accordance with the rules of the Staff Regulations in
force, those allowances plus default
from the dates on
which they were payable respectively and up to the date of their
payment, at the rate set by the European Central Bank for its main
refinancing transactions, as applicable during the relevant period,
increased by two points;

interest,

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 60, 11.3.2006, p. 54.

Judgment of the Civil Service Tribunal (First Chamber) of
16 January 2007 — Borbély v Commission

(Case F-126/05) (1)

(Officials — Reimbursement of expenses — Installation
allowance — Daily subsistence allowance — Travel expenses
on taking up an appointment — Place of recruitment —
Unlimited jurisdiction)

Judgment of the Civil Service Tribunal (First Chamber) of
16 January 2007 — Frankin and Others v Commission

(Case F-3/06) (1)

(Officials — Obligation on the administration to provide
assistance — Refusal — Transfer of pension rights acquired
in Belgium)

(2007/C 42/83)

Language of the case: French

(2007/C 42/82)

Language of the case: English

Parties

Parties

Applicants: Jacques Frankin (Sorée, Belgium) and Others (repre-
sented by: G. Bouneou and F. Frabetti, lawyers)

Applicant(s): Andrea Borbély (Brussels, Belgium) (represented by:
R. Stötzel, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and D. Martin, Agents)