24.9.2011

Official Journal of the European Union

C 282/50

(Case F-46/09)(<span class="super">1</span>)

(Staff case - Contract staff - Conditions of engagement - Whether physically fit - Pre-recruitment medical examination. - Protection of individuals with regard to the processing of personal data - Medical confidentiality - Transfer of medical data between institutions - Right to respect for private life)

2011/C 282/92

Language of the case: French

Parties

Applicant: V (Brussels, Belgium) (represented by: É. Boigelot and S. Woog, lawyers)

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

Intervener in support of the applicant: European Data Protection Supervisor (represented by M. V. Pérez Asinari and H. Kranenborg, agents)

Re:

First, annulment of the medical opinion of physical unfitness of 18 December 2008 and, second, annulment of the decision to withdraw the offer of employment previously made to the applicant.

Operative part of the judgment

The Tribunal:

1.annuls the decision of 19 December 2008 whereby the European Parliament withdrew the offer of employment made to V;

2.orders the European Parliament to pay V the sum of EUR 25 000;

3.dismisses the action for the remainder;

4.orders the European Parliament to pay the applicant’s costs and to bear its own costs;

5.orders the European Data Protection Supervisor, as intervener, to bear its own costs.

(<span class="super">1</span>) OJ C 11 of 16.01.10, p. 40.