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Case T-262/06 P: Judgment of the Court of First Instance of 1 July 2008 — Commission v D (Appeal — Civil service — Officials — Annulment at first instance of the Commission's decision — Occupational disease — Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering — Admissibility of the appeal — Admissibility of the plea in law examined at first instance — Force of res judicata )
ECLI:EU:UNKNOWN:62006TA0262
62006TA0262
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Valentina R., lawyer
15.8.2008
Official Journal of the European Union
C 209/47
(Case T-262/06 P)(<span class="italic">1</span>)
(Appeal - Civil service - Officials - Annulment at first instance of the Commission's decision - Occupational disease - Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering - Admissibility of the appeal - Admissibility of the plea in law examined at first instance - Force of <span class="italic">res judicata</span>)
(2008/C 209/82)
Language of the case: French
Parties
Appellant: Commission of the European Communities (represented by: J. Currall, Agent)
Other party to the proceedings: D (represented by: J. Van Rossum, S. Orlandi, J.-N. Louis, A. Coolen and É. Marchal, lawyers)
Intervener in support of the applicant: Axa Belgium (represented initially by C. Goossens, P. Meessen and S. Wilmet, then by C. Goossens and P. Meessen, lawyers)
Re:
Appeal brought against the judgment of the European Union Civil Service Tribunal (First Chamber) in Case F-18/05 <span class="italic">D</span> v <span class="italic">Commission</span> (not yet published in the ECR), and seeking to have that judgment set aside.
Operative part of the judgment
The Court hereby:
1.Sets aside the judgment of the European Union Civil Service Tribunal in Case F-18/05 <span class="italic">D</span> v <span class="italic">Commission</span>;
2.Refers the case back to the Civil Service Tribunal;
3.Reserves the costs.
(<span class="super">1</span>) OJ C 294, 2.12.2006.