CELEX: 62008TA0012(01)
Language: en
Date: 2009-05-06 00:00:00
Title: Case T-12/08: Judgment of the Court of First Instance of 6 May 2009 — M v EMEA (Appeal — Staff case — Temporary staff — Invalidity — Application for reconsideration of the decision rejecting a first request that the Invalidity Committee be convened — Action for annulment — Non-actionable measure — Confirmatory act — New and substantial facts — Admissibility — Non-contractual liability — Non-material harm)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/40
            
         Judgment of the Court of First Instance of 6 May 2009 — M v EMEA
   (Case T-12/08) (1)
   
   (Appeal - Staff case - Temporary staff - Invalidity - Application for reconsideration of the decision rejecting a first request that the Invalidity Committee be convened - Action for annulment - Non-actionable measure - Confirmatory act - New and substantial facts - Admissibility - Non-contractual liability - Non-material harm)
   2009/C 141/82
   Language of the case: French
   
      Parties
   
   
      Appellant: M (London, United Kingdom) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)
   
      Other party to the proceedings: European Medicines Agency (EMEA) (represented by: V. Salvatore and N. Rampal Olmedo, Agents)
   
      Re:
   
   Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) in Case F-23/07 M v EMEA [2007] ECR-SC I-A-0000 and II-0000 seeking that that order be set aside.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the order of the Civil Service Tribunal of the European Union (First Chamber) of 19 October 2007 in Case F-23/07 M v EMEA [2007] ECR I-A-0000 and II-0000;
            
         
               2.
            
            
               Annuls the decision of the European Medicines Agency (EMEA) of 25 October 2006, in so far as it rejected M’s request of 8 August 2006 for his case to be referred to the Invalidity Committee;
            
         
               3.
            
            
               Orders EMEA to pay the appellant compensation of EUR 3 000;
            
         
               4.
            
            
               Dismisses the appeal as to the remainder;
            
         
               5.
            
            
               Orders EMEA to pay the costs of the procedure before the Civil Service Tribunal and those of this case.
            
         
      (1)  OJ C 64, 8.3.2008.