CELEX: 62011TA0197
Language: en
Date: 2012-12-13 00:00:00
Title: Joined Cases T-197/11 P and T-198/11 P: Judgment of the General Court of 13 December 2012 — Commission v Strack (Appeal — Civil Service — Officials — Access to documents — Articles 26 and 26a of the Staff Regulations — Regulation (EC) No 1049/2001 — Jurisdiction of the Civil Service Tribunal — Inadmissibility of the action at first instance — No act adversely affecting an official — Article 90(a) of the Rules of Procedure)

9.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/19
            
         Judgment of the General Court of 13 December 2012 — Commission v Strack
   (Joined Cases T-197/11 P and T-198/11 P) (1)
   
   (Appeal - Civil Service - Officials - Access to documents - Articles 26 and 26a of the Staff Regulations - Regulation (EC) No 1049/2001 - Jurisdiction of the Civil Service Tribunal - Inadmissibility of the action at first instance - No act adversely affecting an official - Article 90(a) of the Rules of Procedure)
   2013/C 38/32
   Language of the case: German
   
      Parties
   
   
      Appellant: European Commission (represented by: P. Costa de Oliveira and B. Eggers, Agents)
   
      Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)
   
      Re:
   
   Two appeals brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 and seeking to have that judgment set aside.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Joins Cases T-197/11 P and T-198/11 P for the purposes of the present judgment;
            
         
               2.
            
            
               Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission (2011) ECR I-A-1-0000 and II-A-1-0000 in so far as that Tribunal considered itself to have jurisdiction to hear and determine an action for annulment against a decision adopted under Regulation No 1049/2001;
            
         
               3.
            
            
               Dismisses the appeal in Case T-198/11 P;
            
         
               4.
            
            
               Orders Mr Guido Strack to bear his own costs in Cases T-197/11 P and T-198/11 P and pay the costs incurred by the European Commission in Case T-198/11 P;
            
         
               5.
            
            
               Orders the Commission to bear its own costs in Case T-197/11 P;
            
         
               6.
            
            
               Orders Mr Strack to pay the Civil Service Tribunal EUR 2 000 in order to reimburse part of the costs which that latter had to incur.
            
         
      (1)  OJ C 186, 25.6.2011.