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Case T-260/09: Judgment of the General Court of 10 November 2010 — OHIM v Simões Dos Santos (Appeal — Cross-appeal — Civil service — Officials — Promotion — 2003 promotion procedure — Merit points reset at zero and their total recalculated — Compliance with a judgment of the General Court — Res judicata — Legal basis — Non-retroactivity — Legitimate expectation — Material damage — Loss of opportunity for promotion — Non-material damage)
ECLI:EU:UNKNOWN:62009TA0260
62009TA0260
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15.1.2011
Official Journal of the European Union
C 13/24
(Case T-260/09) (<span class="super">1</span>)
(Appeal - Cross-appeal - Civil service - Officials - Promotion - 2003 promotion procedure - Merit points reset at zero and their total recalculated - Compliance with a judgment of the General Court - Res judicata - Legal basis - Non-retroactivity - Legitimate expectation - Material damage - Loss of opportunity for promotion - Non-material damage)
2011/C 13/47
Language of the case: French
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)
Other party to the proceedings: Simões Dos Santos (Alicante, Spain) (represented by: A. Creus Carreras, lawyer)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM, not published in the ECR, seeking to have that judgment set aside.
Operative part of the judgment
The Court:
1.Paragraphs 2 to 25 of the operative part of the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM are annulled.
2.The main appeal and the cross appeal are dismissed as to the remainder.
3.The case is referred back to the Civil Service Tribunal.
4.The costs are reserved.
(<span class="super">1</span>) OJ C 220, 12.9.2009.