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Case F-137/07: Judgment of the Civil Service Tribunal (Third Chamber) of 6 May 2009 — Sergio v Commission (Staff case — Rights and obligations — Freedom of association — Protocol of Agreement between the Commission and the trade union or professional organisations — Individual decisions on secondment/release from service based on a protocol — Act adversely affecting an official — Locus standi — Official acting on his own account and not on the account of a trade union — Admissibility — Notification of the rejection of the complaint to the applicants’ lawyer — Starting point for the time-limit for bringing an action)
ECLI:EU:UNKNOWN:62007FA0137
62007FA0137
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Official Journal of the European Union
JUDGMENT OF THE COURT (Third Chamber) of 6 May 2009 — Sergio v Commission
(Case F-137/07)
(Staff case - Rights and obligations - Freedom of association - Protocol of Agreement between the Commission and the trade union or professional organisations - Individual decisions on secondment/release from service based on a protocol - Act adversely affecting an official - Locus standi - Official acting on his own account and not on the account of a trade union - Admissibility - Notification of the rejection of the complaint to the applicants’ lawyer - Starting point for the time-limit for bringing an action)
2009/C 193/56
Language of the case: French
Parties
Applicants: Giovanni Sergio (Brussels, Belgium) and Others (represented by: M. Lucas, lawyer)
Defendant: Commission of the European Communities (represented by: J. Currall and B. Eggers, Agents)
Re:
First, annulment of the ‘Protocol of Agreement between the trade union or professional organisations and the Directorate General for Personnel and Administration (DG ADMIN)’ and the decisions of the appointing authority confirmed by the Protocol of 19 December 2006 and the decision of 14 November 2006 and, second, a claim for damages in the form of a symbolic EUR 1.
Operative part of the judgment
The Tribunal:
1.Dismisses the action;
2.Orders Mr Sergio, Mr Blanchard, Mr Marquez-Garcia, Mr Scheuer and Mr Wurzler to pay the costs.
* * *
(1) OJ C 79, 29.3.2008, p. 37.