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Case T-268/11 P: Judgment of the General Court of 8 November 2012 — Commission v Strack (Appeal — Civil Service — Officials — Leave — Sick leave — Annulment at first instance of the Commission’s decision refusing to carry over days of annual leave not taken by the person concerned — Article 4 of Annex V to the Staff Regulations — Article 1e(2) of the Staff Regulations — Directive 2003/88/EC — Appeal well founded — Whether the state of the proceedings permits final judgment to be given — Dismissal of the action)
ECLI:EU:UNKNOWN:62011TA0268
62011TA0268
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22.12.2012
Official Journal of the European Union
C 399/19
(Case T-268/11 P) (<span class="super">1</span>)
(Appeal - Civil Service - Officials - Leave - Sick leave - Annulment at first instance of the Commission’s decision refusing to carry over days of annual leave not taken by the person concerned - Article 4 of Annex V to the Staff Regulations - Article 1e(2) of the Staff Regulations - Directive 2003/88/EC - Appeal well founded - Whether the state of the proceedings permits final judgment to be given - Dismissal of the action)
2012/C 399/34
Language of the case: German
Parties
Appellant: European Commission (represented by: B. Eggers and J. Currall, acting as Agents)
Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)
Re:
Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 15 March 2011 in Case F-120/07 Strack v Commission ECR-SC 0000 seeking to have that judgment set aside in part.
Operative part of the judgment
The Court:
1.Sets aside the judgment of the European Union Civil Service Tribunal of 15 March 2011 in Case F 120/07 Strack v Commission;
2.Dismisses the action brought by Mr Guido Strack before the European Union Civil Service Tribunal in Case F-120/07;
3.Orders Mr Strack and the European Commission to bear their own costs, both of the proceedings before the Civil Service Tribunal and at the present instance.
(<span class="super">1</span>) OJ C 232, 6.8.2011.