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Case T-701/16 P: Judgment of the General Court of 17 May 2018 — Commission v AV (Appeal — Civil service — Temporary staff — Recruitment — Medical examination — Incomplete declarations at the medical examination — Retroactive application of medical cover deferment — Not eligible for the invalidity allowance — Enforcement of a judgment of the Civil Service Tribunal setting aside the initial decision)

ECLI:EU:UNKNOWN:62016TA0701

62016TA0701

May 17, 2018
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201806220481970402018/C 240/377012016TC24020180709EN01ENINFO_JUDICIAL20180517353622

(Case T-701/16 P) (*1)

Language of the case: French

Parties

Appellant: European Commission (represented initially by C. Berardis-Kayser, C. Ehrbar and T. Bohr, and subsequently by C. Ehrbar and T. Bohr, acting as Agents)

Other party to the proceedings: AV (represented by: J.-N. Louis and N. de Montigny, lawyers)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 21 July 2016, AV v Commission (F-91/15, EU:F:2016:170), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1.Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 21 July 2016, AV v Commission (F-91/15);

2.Refers the action to a Chamber of the General Court other than that which ruled on the present appeal;

3.Reserves costs.

* Language of the case: English.

(1) OJ C 14, 16.1.2017.

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