CELEX: 62006TA0262
Language: en
Date: 2008-07-01 00:00:00
Title: Case T-262/06 P: Judgment of the Court of First Instance of 1 July 2008 — Commission v D (Appeal — Civil service — Officials — Annulment at first instance of the Commission's decision — Occupational disease — Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering — Admissibility of the appeal — Admissibility of the plea in law examined at first instance — Force of res judicata )

15.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/47
            
         Judgment of the Court of First Instance of 1 July 2008 — Commission v D
   (Case T-262/06 P) (1)
   
   (Appeal - Civil service - Officials - Annulment at first instance of the Commission's decision - Occupational disease - Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering - Admissibility of the appeal - Admissibility of the plea in law examined at first instance - Force of res judicata)
   (2008/C 209/82)
   Language of the case: French
   Parties
   
      Appellant: Commission of the European Communities (represented by: J. Currall, Agent)
   
      Other party to the proceedings: D (represented by: J. Van Rossum, S. Orlandi, J.-N. Louis, A. Coolen and É. Marchal, lawyers)
   
      Intervener in support of the applicant: Axa Belgium (represented initially by C. Goossens, P. Meessen and S. Wilmet, then by C. Goossens and P. Meessen, lawyers)
   Re:
   Appeal brought against the judgment of the European Union Civil Service Tribunal (First Chamber) in Case F-18/05 D v Commission (not yet published in the ECR), and seeking to have that judgment set aside.
   Operative part of the judgment
   The Court hereby:
   
               1.
            
            
               Sets aside the judgment of the European Union Civil Service Tribunal in Case F-18/05 D v Commission;
            
         
               2.
            
            
               Refers the case back to the Civil Service Tribunal;
            
         
               3.
            
            
               Reserves the costs.
            
         
      (1)  OJ C 294, 2.12.2006.