do-me/EUR-LEX huggingface dataset:
Case F-132/15: Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — HC v Commission (Civil service — Temporary staff — Succession of appointments under various status categories at several institutions of the European Union — Interruption by a period of unemployment — Continued membership of the of the Joint Sickness Insurance Scheme — New appointment — Article 13 of the CEOS — Medical examination prior to employment — Article 32 of the CEOS — Failure of the interested party to declare an illness already affecting her — Subsequent discovery by the AECC — Retroactive application of a five-year medical reservation — Challenge — Referral to the Invalidity Committee — Duty of loyalty — Decision of the AECC to bar the agent from being recruited by the institution for a period of six years)
Date: 2016-07-20
Institutions: Civil Service Tribunal
Subjects: disability insurance, disabled person, health insurance, medical examination, servant (EU), staff regulations (EU)








C_2016364EN.01003901.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/39






Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — HC v Commission
(Case F-132/15) (1)

((Civil service - Temporary staff - Succession of appointments under various status categories at several institutions of the European Union - Interruption by a period of unemployment - Continued membership of the of the Joint Sickness Insurance Scheme - New appointment - Article 13 of the CEOS - Medical examination prior to employment - Article 32 of the CEOS - Failure of the interested party to declare an illness already affecting her - Subsequent discovery by the AECC - Retroactive application of a five-year medical reservation - Challenge - Referral to the Invalidity Committee - Duty of loyalty - Decision of the AECC to bar the agent from being recruited by the institution for a period of six years))
(2016/C 364/47)
Language of the case: French

Parties


Applicant: HC (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser, T. S. Bohr and C. Ehrbar, agents)

Re:

Annulment of the Commission’s decision to apply the medical reservation clause in Article 32 of the CEOS, retroactively, with effect from the date of entry into service of the applicant with the Commission and to suspend the invalidity and death insurance and, in addition, annulment of the decision to bar the applicant from being recruited by the Commission for a period of six years to run from the date on which her last contract ended.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 29 January 2015 by which the authority empowered to conclude contracts of employment of the European Commission barred HC from being recruited by the institution for a period of six years;










2.


Dismisses the remainder of the application;










3.


Orders the European Commission to pay its own costs and to bear half the costs incurred by HC;










4.


Orders HC to bear half of her own costs.






(1)  OJ C 406, 7/12/2015, p. 46.
Case F-94/13: Order of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — Piessevaux v Council (Civil service — Officials — Pensions — Article 11(2) of Annex VIII to the Staff Regulations — Pension rights acquired, before entering the service of the European Union, under a national pension scheme — Transfer to the EU pension scheme — Proposal concerning additional pensionable years — Plea of inadmissibility — Concept of an act adversely affecting the applicant — Article 83 of the Rules of Procedure)
Date: 2016-07-20
Institutions: Civil Service Tribunal
Subjects: European official, staff regulations (EU), transfer of pension rights








C_2016364EN.01004601.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/46






Order of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — Piessevaux v Council
(Case F-94/13) (1)

((Civil service - Officials - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Pension rights acquired, before entering the service of the European Union, under a national pension scheme - Transfer to the EU pension scheme - Proposal concerning additional pensionable years - Plea of inadmissibility - Concept of an act adversely affecting the applicant - Article 83 of the Rules of Procedure))
(2016/C 364/58)
Language of the case: French

Parties


Applicant: Vincent Piessevaux (Brussels, Belgium) (represented initially by D. de Abreu Caldas, A. Coolen, J.-N. Louis and É. Marchal, lawyers, subsequently by D. de Abreu Caldas and J.-N. Louis, lawyers, then by J.-N. Louis, lawyer, and lastly by L. Ponteville, lawyer)

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

Re:

Application to annul the decision to calculate the accrual of pension rights acquired before entry into service on the basis of the new General Implementing Provisions relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


M. Vincent Piessevaux shall bear his own costs and is ordered to pay the costs incurred by the Council of the European Union.






(1)  OJ C 336 of 16.11.2013, p. 32.
Case F-104/15: Judgment of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — U (*) v Commission (Civil service — Survivor’s pension — Articles 18 and 20 of Annex VIII to the Staff Regulations — Surviving spouse of a former official — Eligibility — Second marriage — Equal treatment of officials)
Date: 2016-07-20
Institutions: Civil Service Tribunal
Subjects: European official, equal treatment, marriage, staff regulations (EU), survivor's benefit, widowed person




C_2016364EN.01003302.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/33






Judgment of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 —  U (*1) v Commission
(Case F-104/15) (1)

((Civil service - Survivor’s pension - Articles 18 and 20 of Annex VIII to the Staff Regulations - Surviving spouse of a former official - Eligibility - Second marriage - Equal treatment of officials))
(2016/C 364/39)
Language of the case: French

Parties


Applicant: U (*1) (represented by: F.Moyse, lawyer)

Defendant: European Commission (represented by: G. Gattinara, A.-C. Simon and F. Simonetti, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: M. Ecker and E. Tavena, acting as Agents)

Re:

Application for annulment of the decision not to grant a survivor’s pension to the applicant.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 24 September 2014 by which the European Commission refused the application of  U (*1) for a survivor’s pension in respect of her late husband, a former official entitled to a retirement pension.










2.


Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mrs  U (*1).










3.


Declares that the European Parliament is to bear its own costs.






(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.

(1)  OJ C 302, 14.9.2015, p. 71.
Case T-251/16 R: Order of the President of the General Court of 20 July 2016 — Director-General of OLAF v Commission (Interim measures — Law governing the institutions — Decision to waive the immunity from legal proceedings of the Director-General of OLAF — Measure liable to call into question the independence of the Director-General — Application for suspension of operation — Lack of urgency)
Date: 2016-07-20
Institutions: General Court
Subjects: Protocol (EU), infringement of EU law, interinstitutional relations (EU), managing director, powers of the institutions (EU)








C_2016326EN.01002802.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/28





Order of the President of the General Court of 20 July 2016 — Director-General of OLAF v Commission
(Case T-251/16 R)
((Interim measures - Law governing the institutions - Decision to waive the immunity from legal proceedings of the Director-General of OLAF - Measure liable to call into question the independence of the Director-General - Application for suspension of operation - Lack of urgency))
(2016/C 326/50)
Language of the case: French

Parties


Applicant: Director-General of the European Anti-Fraud Office (represented by: L. Jelínek, Agent, assisted by G.M. Roberti and I. Perego, lawyers)

Defendant: European Commission (represented by: K. Banks, J.-P. Keppenne and J. Baquero Cruz, Agents)

Subject matter

Application based on Articles 278 TFEU and 279 TFEU, seeking to obtain suspension of the operation of Commission Decision C(2016) 1449 final of 2 March 2016 concerning an application for waiver of immunity.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The order of 6 June 2016 made in Case T-251/16 R is set aside.










3.


The costs are reserved.
Political and Security Committee Decision (CFSP) 2016/1207 of 20 July 2016 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.), EULEX KOSOVO (EULEX KOSOVO/1/2016)
Date: 2016-07-20
Institutions: Political and Security Committee
Subjects: Kosovo, appointment of members, fact-finding mission, rule of law, the EU's international role




L_2016198EN.01004901.xml










23.7.2016   


EN


Official Journal of the European Union


L 198/49








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1207
of 20 July 2016
         
on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (*1), EULEX KOSOVO (EULEX KOSOVO/1/2016)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular the third paragraph of Article 38 thereof,


Having regard to the Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1) and in particular Article 12(2) thereof,

Whereas:







(1)


Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.












(2)


On 14 June 2016, the Council adopted Decision (CFSP) 2016/947 (2) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2018.












(3)


On 11 July 2016, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 1 September 2016 to 14 June 2017,





HAS ADOPTED THIS DECISION:



Article 1
Ms Alexandra PAPADOPOULOU is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, for the period from 1 September 2016 to 14 June 2017.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 20 July 2016.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

(1)  
            OJ L 42, 16.2.2008, p. 92.

(2)  Council Decision (CFSP) 2016/947 of 14 June 2016 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (OJ L 157, 15.6.2016, p. 26).
Case C-338/15 P: Order of the Court (Seventh Chamber) of 20 July 2016 — Claire Staelen v European Ombudsman (Appeal — Non-contractual liability — Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates following an open competition — Rules of Procedure of the Court — Article 181)
Date: 2016-07-20
Institutions: Court of Justice
Subjects: European official, competition (EU), damages, job application, mediator








C_2016454EN.01000902.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/9






Order of the Court (Seventh Chamber) of 20 July 2016 — Claire Staelen v European Ombudsman
(Case C-338/15 P) (1)

((Appeal - Non-contractual liability - Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates following an open competition - Rules of Procedure of the Court - Article 181))
(2016/C 454/19)
Language of the case: French

Parties


Appellant: Claire Staelen (represented by: V. Olona, avocate)

Other party to the proceedings: European Ombudsman (represented: initially by G. Grill, and subsequently by L. Papadias, acting as Agents)

Operative part of the judgment







1.


The appeal is rejected.










2.


Claire Staelen is ordered to pay the costs.






(1)  OJ C 294, 7.9.2015.
Case T-483/13: Judgment of the General Court of 20 July 2016 — Oikonomopoulos v Commission (Non-contractual liability — Damage caused by the Commission in the context of an OLAF investigation and by OLAF — Actions for damages — Action for a declaration that certain measures taken by OLAF were void and inadmissible for evidentiary purposes before the national authorities — Admissibility — Misuse of powers — Processing of personal data — Rights of the defence)
Date: 2016-07-20
Institutions: General Court
Subjects: European Anti-fraud Office, abuse of power, damages, data protection, personal data, protection of privacy, right to justice, rights of the defence








C_2016326EN.01002101.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/21





Judgment of the General Court of 20 July 2016 — Oikonomopoulos v Commission
(Case T-483/13) (1)

((Non-contractual liability - Damage caused by the Commission in the context of an OLAF investigation and by OLAF - Actions for damages - Action for a declaration that certain measures taken by OLAF were void and inadmissible for evidentiary purposes before the national authorities - Admissibility - Misuse of powers - Processing of personal data - Rights of the defence))
(2016/C 326/38)
Language of the case: English

Parties


Applicant: Athanassios Oikonomopoulos (Athens, Greece) (represented initially by N. Korogiannakis and I. Zarzoura, lawyers, and subsequently by G. Georgios, lawyer)

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

Re:

Application, first, for compensation for the damage caused by the Commission and by the European Anti-Fraud Office (OLAF) and, secondly, that certain measures taken by OLAF be declared legally void and inadmissible for evidentiary purposes before the national authorities.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Athanassios Oikonomopoulos to pay the costs, including those incurred in the proceedings for interim relief.






(1)  OJ C 344, 23.11.2013.
Corrigendum to Commission Regulation (EC) No 1441/2007 of 5 December 2007 amending Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs (OJ L 322, 7.12.2007)
Date: 2016-07-20
Institutions: European Commission
Subjects: food hygiene, food inspection, food safety, food standard, foodstuff, microorganism








L_2016195EN.01008201.xml










20.7.2016   


EN


Official Journal of the European Union


L 195/82







Corrigendum to Commission Regulation (EC) No 1441/2007 of 5 December 2007 amending Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs

(
Official Journal of the European Union L 322 of 7 December 2007
)


On page 27, in the Annex amending Annex I to Regulation (EC) No 2073/2005, in the amendments to Chapter 2, in the amendment to row 2.4.1:
for:














‘Food category


Micro-organisms


Sampling plan (1)



Limits


Analytical reference method (2)



Stage where the criterion applies


Action in case of unsatisfactory results




n


c


m


M










2.4.1.


Shelled and shucked products of cooked crustaceans and molluscan shellfish






E. coli


5


2


1/g


10/g


ISO TS 16649-3


End of the manufacturing process


Improvements in production hygiene




Coagulase-positive staphylococci


5


2


100 cfu/g


1 000  cfu/g


EN/ISO 6888-1 or 2


End of the manufacturing process


Improvements in production hygiene





read:














‘Food category


Micro-organisms


Sampling plan (3)



Limits


Analytical reference method (4)



Stage where the criterion applies


Action in case of unsatisfactory results




n


c


m


M










2.4.1.


Shelled and shucked products of cooked crustaceans and molluscan shellfish






E. coli


5


2


1 MPN/g


10 MPN/g


ISO TS 16649-3


End of the manufacturing process


Improvements in production hygiene




Coagulase-positive staphylococci


5


2


100 cfu/g


1 000  cfu/g


EN/ISO 6888-1 or 2


End of the manufacturing process


Improvements in production hygiene







(1)  n = number of units comprising the sample; c = number of sample units giving values between m and M.

(2)  The most recent edition of the standard shall be used.’
         

(3)  n = number of units comprising the sample; c = number of sample units giving values between m and M.

(4)  The most recent edition of the standard shall be used.’
Case F-123/15: Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — GY v Commission (Civil service — Open Competition — Notice of competition EPSO/AD/293/14 — Insufficient number of points in the ‘Talent Screen Test’ — Non-admission to the assessment centre — Rejection of the request for review)
Date: 2016-07-20
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, competition (EU)








C_2016364EN.01003502.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/35






Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — GY v Commission
(Case F-123/15) (1)

((Civil service - Open Competition - Notice of competition EPSO/AD/293/14 - Insufficient number of points in the ‘Talent Screen Test’ - Non-admission to the assessment centre - Rejection of the request for review))
(2016/C 364/42)
Language of the case: French

Parties


Applicant: GY (represented by: S. Orlandi and T. Martin, lawyers)

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

Re:

Annulment of the decision of the selection board in competition EPSO/AD/293/14 not to award the applicant a sufficient number of points for admission to the assessment centre.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 11 June 2015 by which the selection board of Open Competition EPSO/AD/293/14 refused to admit GY to the selection tests organised at the assessment centre;










2.


Orders the European Commission to bear its own costs and to pay the costs incurred by GY.






(1)  OJ C 398, 30/11/2015, p. 79.