CELEX: 62018TA0303
Language: en
Date: 2019-04-10 00:00:00
Title: Case T-303/18 RENV: Judgment of the General Court of 10 April 2019 — AV v Commission (Civil service — Temporary agents — Engagement — Article 13 of the CEOS — Pre-engagement medical examination — Incomplete declarations at the medical examination — Failure of the person concerned to declare an illness — Subsequent discovery by the AECE — Retroactive application of medical cover deferment for five years — Referral to the Invalidity Committee — Reasonable time limit — Responsibility — Non-material injury)

3.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 187/75
            
         
      Judgment of the General Court of 10 April 2019 — AV v Commission
      (Case T-303/18 RENV) (1)
      
      (Civil service - Temporary agents - Engagement - Article 13 of the CEOS - Pre-engagement medical examination - Incomplete declarations at the medical examination - Failure of the person concerned to declare an illness - Subsequent discovery by the AECE - Retroactive application of medical cover deferment for five years - Referral to the Invalidity Committee - Reasonable time limit - Responsibility - Non-material injury)
      (2019/C 187/80)
      Language of the case: French
      
         Parties
      
      
         Applicant: AV (represented by: J.-N. Louis, lawyer)
      
         Defendant: European Commission (represented by: T. Bohr and L. Vernier, acting as Agents)
      
         Re:
      
      Application based on Article 270 TFEU seeking, first, annulment of the decision of the Commission of 16 September 2014 by which the authority empowered to conclude contracts of employment of that institution decided to apply to the applicant the medical reservation clause provided for in Article 32 of the Conditions of Employment of Other Servants of the European Union and not to grant him an invalidity allowance and, second, compensation for the harm he has allegedly suffered in connection with that decision.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Rejects the claims for annulment;
                  
               
            
                  2.
               
               
                  
                     Orders the European Commission to pay AV an amount of EUR 3 000;
               
            
                  3.
               
               
                  
                     Rejects the claim for damages for the remainder;
                  
               
            
                  4.
               
               
                  
                     Orders AV and the Commission each to pay their own costs pertaining to the initial proceedings before the Civil Service Tribunal of the European Union, in the action in Case F-91/15 and in the present appeal proceedings in T-303/18 RENV.
                  
               
            
         (1)  OJ C 406, 7.12.2015 (case initially registered before the Civil Service Tribunal of the European Union under number F-91/15 and transferred to the General Court of the European Union on 1.9.2016).