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Case F-97/09: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2010 — Taillard v Parliament (Civil service — Official — Successive sick leave — Arbitration — Finding that the applicant was able to work — Refusal of new duly issued medical certificate — No medical examination — Sick leave deducted from annual leave — Inadmissibility — Action for annulment and damages)

ECLI:EU:UNKNOWN:62009FA0097

62009FA0097

November 30, 2010
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29.1.2011

Official Journal of the European Union

C 30/62

(Case F-97/09)(<span class="super">1</span>)

(Civil service - Official - Successive sick leave - Arbitration - Finding that the applicant was able to work - Refusal of new duly issued medical certificate - No medical examination - Sick leave deducted from annual leave - Inadmissibility - Action for annulment and damages)

2011/C 30/120

Language of the case: French

Parties

Applicant: Christine Taillard (Thionville, France) (represented by: N. Cambonie and C. Lelièvre, lawyers)

Defendant: European Parliament (represented by: K. Zejdová and S. Seyr, Agents)

Re:

First, an action for annulment of the decision by which the European Parliament declares a medical certificate attesting to the applicant’s incapacity to work inadmissible and the resultant decision to withdraw annual leave. Second, a claim for compensation for the damage suffered by the applicant

Operative part of the judgment

The Tribunal:

1.Annuls the Decision of the European Parliament of 15 January 2009, by which the Parliament refused to accept the medical certificate of 5 January 2009 and the resultant decision to deduct Ms Taillard’s absence of 6 to 9 January 2009 from her annual leave;

2.Dismisses the remainder of the action;

3.Orders the Parliament to bear its own costs and pay those incurred by Ms Taillard.

(<span class="super">1</span>) OJ C 24, 30.1.2010, p. 81.

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