Source: EURLEX
Language: en
Format: md

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| 15.1.2011 | EN | Official Journal of the European Union | C 13/24 |

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Judgment of the General Court of 10 November 2010 — OHIM v Simões Dos Santos

(Case T-260/09)[(1)](#ntr1-C_2011013EN.01002403-E0001)

(Appeal - Cross-appeal - Civil service - Officials - Promotion - 2003 promotion procedure - Merit points reset at zero and their total recalculated - Compliance with a judgment of the General Court - Res judicata - Legal basis - Non-retroactivity - Legitimate expectation - Material damage - Loss of opportunity for promotion - Non-material damage)

2011/C 13/47

Language of the case: French

Parties

Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)

Other party to the proceedings: Simões Dos Santos (Alicante, Spain) (represented by: A. Creus Carreras, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

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| 1. | Paragraphs 2 to 25 of the operative part of the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM are annulled. |

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| 2. | The main appeal and the cross appeal are dismissed as to the remainder. |

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| 3. | The case is referred back to the Civil Service Tribunal. |

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| 4. | The costs are reserved. |

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