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Case F-132/15: Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — HC v Commission (Civil service — Temporary staff — Succession of appointments under various status categories at several institutions of the European Union — Interruption by a period of unemployment — Continued membership of the of the Joint Sickness Insurance Scheme — New appointment — Article 13 of the CEOS — Medical examination prior to employment — Article 32 of the CEOS — Failure of the interested party to declare an illness already affecting her — Subsequent discovery by the AECC — Retroactive application of a five-year medical reservation — Challenge — Referral to the Invalidity Committee — Duty of loyalty — Decision of the AECC to bar the agent from being recruited by the institution for a period of six years)
ECLI:EU:UNKNOWN:62015FA0132
62015FA0132
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Official Journal of the European Union
C 364/39
(Case F-132/15) (*)
((Civil service - Temporary staff - Succession of appointments under various status categories at several institutions of the European Union - Interruption by a period of unemployment - Continued membership of the Joint Sickness Insurance Scheme - New appointment - Article 13 of the CEOS - Medical examination prior to employment - Article 32 of the CEOS - Failure of the interested party to declare an illness already affecting her - Subsequent discovery by the AECC - Retroactive application of a five-year medical reservation - Challenge - Referral to the Invalidity Committee - Duty of loyalty - Decision of the AECC to bar the agent from being recruited by the institution for a period of six years))
(2016/C 364/47)
Language of the case: French
Parties
Applicant: HC (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, retroactively, with effect from the date of entry into service of the applicant with the Commission and to suspend the invalidity and death insurance and, in addition, annulment of the decision to bar the applicant from being recruited by the Commission for a period of six years to run from the date on which her last contract ended.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of 29 January 2015 by which the authority empowered to conclude contracts of employment of the European Commission barred HC from being recruited by the institution for a period of six years;
2.Dismisses the remainder of the application;
3.Orders the European Commission to pay its own costs and to bear half the costs incurred by HC;
4.Orders HC to bear half of her own costs.
(*)
Language of the case: French.
ECLI:EU:C:2016:140