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Case F-60/13: Order of the Civil Service Tribunal (Second Chamber) of 14 January 2014 — Lebedef v Commission (Civil Service — Officials — Registration of absences on account of sickness — Irregular absence — Deduction made by the Appointing Authority from annual leave — Application made by e-mail — Knowledge of the person concerned that a decision existed — Failure to open an e-mail and to investigate, by clicking on a hyperlink, the content of that decision — Admissibility — Time-limits — Determination of the date at which the person involved could become aware of the content of the decision)

ECLI:EU:UNKNOWN:62013FB0060

62013FB0060

January 14, 2014
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Official Journal of the European Union

C 223/68

(Case F-60/13)(1)

((Civil Service - Officials - Registration of absences on account of sickness - Irregular absence - Deduction made by the Appointing Authority from annual leave - Application made by e-mail - Knowledge of the person concerned that a decision existed - Failure to open an e-mail and to investigate, by clicking on a hyperlink, the content of that decision - Admissibility - Time-limits - Determination of the date at which the person involved could become aware of the content of the decision))

2014/C 223/70

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Application for annulment of the implied decision to reject the request, made by the applicant on the basis of Article 90(1) of the Staff Regulations, for adjustment of the entries in respect of the applicant’s absences on account of sickness in the SysPer2 application.

Operative part of the order

1.The action is dismissed as manifestly inadmissible.

2.Mr Lebedef shall bear his own costs and shall pay the costs incurred by the European Commission.

(1) OJ C 274, 21.9.2013, p. 29.

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