CELEX: 62007TA0090
Language: en
Date: 2008-12-18 00:00:00
Title: Joined Cases T-90/07 P and T-99/07 P: Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette (Appeal — Staff cases — Officials — Pensions — Transfer of national pension rights — Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application — Jurisdiction of the Civil Service Tribunal — Alteration of the subject-matter of the proceedings — Inadmissibility of the action at first instance)

21.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 44/45
            
         Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette
   (Joined Cases T-90/07 P and T-99/07 P) (1)
   
   (Appeal - Staff cases - Officials - Pensions - Transfer of national pension rights - Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application - Jurisdiction of the Civil Service Tribunal - Alteration of the subject-matter of the proceedings - Inadmissibility of the action at first instance)
   (2009/C 44/78)
   Language of the case: French
   Parties
   
      Appellants: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, Agents, assisted by L. Markey, lawyer) and Commission of the European Communities (represented by V. Joris and D. Martin, Agents)
   
      Respondent: Emmanuel Genette (Gorze, France) (represented by: M.-A. Lucas, lawyer)
   Re:
   Two appeals against the judgment of 16 January 2007 of the European Union Civil Service Tribunal (First Chamber) in Case F-92/05 Genette v Commission (not yet published in the ECR) seeking to have that judgment set aide
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of 16 January 2007 of the European Union Civil Service Tribunal in Case F-92/05 Genette v Commission;
            
         
               2.
            
            
               Dismisses as inadmissible Mr. Genette's action before the Civil Service Tribunal in Case F-92/05;
            
         
               3.
            
            
               Orders Mr Genette to bear his own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;
            
         
               4.
            
            
               Orders the Commission to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;
            
         
               5.
            
            
               Orders the Kingdom of Belgium to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance.
            
         
      (1)  OJ C 117, 29.5.2007.