Official Journal of the European Union

C 38/19

(Joined Cases T-197/11 P and T-198/11 P) (<span class="super">1</span>)

(Appeal - Civil Service - Officials - Access to documents - Articles 26 and 26a of the Staff Regulations - Regulation (EC) No 1049/2001 - Jurisdiction of the Civil Service Tribunal - Inadmissibility of the action at first instance - No act adversely affecting an official - Article 90(a) of the Rules of Procedure)

2013/C 38/32

Language of the case: German

Parties

Appellant: European Commission (represented by: P. Costa de Oliveira and B. Eggers, Agents)

Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Re:

Two appeals brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1.Joins Cases T-197/11 P and T-198/11 P for the purposes of the present judgment;

2.Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission (2011) ECR I-A-1-0000 and II-A-1-0000 in so far as that Tribunal considered itself to have jurisdiction to hear and determine an action for annulment against a decision adopted under Regulation No 1049/2001;

3.Dismisses the appeal in Case T-198/11 P;

4.Orders Mr Guido Strack to bear his own costs in Cases T-197/11 P and T-198/11 P and pay the costs incurred by the European Commission in Case T-198/11 P;

5.Orders the Commission to bear its own costs in Case T-197/11 P;

6.Orders Mr Strack to pay the Civil Service Tribunal EUR 2 000 in order to reimburse part of the costs which that latter had to incur.

(<span class="super">1</span>) OJ C 186, 25.6.2011.