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Joined Cases F-69/07 and F-60/08: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — O v Commission (Staff case — Members of the Contractual staff — Article 88 of the CEOS — Stable employment — Article 100 of the CEOS — Medical proviso — Article 39 EC — Free movement of workers)
ECLI:EU:UNKNOWN:62007FA0069
62007FA0069
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Official Journal of the European Union
(Joined Cases F-69/07 and F-60/08)
(Staff case - Members of the Contractual staff - Article 88 of the CEOS - Stable employment - Article 100 of the CEOS - Medical proviso - Article 39 EC - Free movement of workers)
2010/C 24/127
Language of the case: French
Parties
Applicant: O (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)
Defendant: European Commission (represented by: D. Martin and L. Lozano Palacios, Agents)
Intervener: Council of the European Union (represented by: initially, in Case F-69/07, I. Šulce and M. Simm, Agents, and, in Case F-60/08, I. Šulce and K. Zieleśkiewicz, Agents, and, subsequently, in both cases, by K. Zieleśkiewicz and M. Bauer, Agents.
Re:
F-69/07: Annulment of the Commission’s decisions fixing the conditions of employment of the applicant as a member of the contract staff in so far as they, first, provide for the application of the proviso laid down in Article 100 of the CEOS and in Article 1 of Annex VIII to the Staff Regulations, and, second, limit the duration of the contract to the period from 16 September 2006 to 15 September 2009.
F-60/08: Annulment of the decision of the Commission to apply to the applicant, following the opinion of the Invalidity Committee, the proviso laid down in Article 100 of the CEOS.
Operative part of the judgment
The Tribunal:
1.Annuls the decision of the Commission of the European Communities of 14 September 2006 in so far as it imposes a medical proviso in respect of the applicant;
2.Dismisses Case F-69/07 O v Commission for the remainder as unfounded;
3.Dismisses Case F-60/08 O v Commission as inadmissible;
4.In Case F-69/07, the European Commission is ordered to bear its own costs and to pay half of the applicant’s costs;
5.The applicant is ordered to bear half its costs in Case F-69/07 and to bear its own costs and to pay those of the European Commission in Case F-60/08.
* * *
(1) F-69/07: OJ C 235, 6.10.2007, p. 29.
F-60/08: OJ C 223 of 30.8.2008, p. 63.