CELEX: 62015FA0091
Language: en
Date: 2016-07-21 00:00:00
Title: Case F-91/15: Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — AV v Commission (Civil Service — Member of the temporary staff — Appointment — Medical examination preceding appointment — Incomplete declarations at the medical examination — Medical reservation — Retroactive application of the medical reservation — Not eligible for the invalidity allowance — Annulment — Execution of a judgment of the General Court)

3.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 364/32
            
         
      Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — AV v Commission
      (Case F-91/15) (1)
      
      ((Civil Service - Member of the temporary staff - Appointment - Medical examination preceding appointment - Incomplete declarations at the medical examination - Medical reservation - Retroactive application of the medical reservation - Not eligible for the invalidity allowance - Annulment - Execution of a judgment of the General Court))
      (2016/C 364/37)
      Language of the case: French
      
         Parties
      
      
         Applicant: AV (represented by: J.-N. Louis and N. de Montigny, lawyers)
      
         Defendant: European Commission (represented by: C. Berardis-Kayser, T. S. Bohr and C. Ehrbar, agents)
      
         Re:
      
      Annulment of the Commission’s decision to apply the medical reservation clause in Article 32 of the CEOS, in so far as it does not give the applicant the invalidity allowance and compensation in respect of the non-material harm allegedly suffered.
      
         Operative part of the judgment
      
      The Tribunal:
      
                  1.
               
               
                  Annuls the decision of 16 September 2014 by which the European Commission applied the medical reservation referred to in Article 32 of the Conditions of Employment of Other Servants of the European Union to AV;
               
            
                  2.
               
               
                  Orders the European Commission to pay AV the sum of EUR 2 000 in compensation for the non-material harm suffered by him;
               
            
                  3.
               
               
                  Dismisses the remainder of the action;
               
            
                  4.
               
               
                  Orders the European Commission to bear its own costs and to pay the costs incurred by AV.
               
            
         (1)  OJ C 406, 7.12.2015, p. 46.