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Judgment of the Civil Service Tribunal (Third Chamber) of 29 November 2011. # Roberto Di Tullio v European Commission. # Public service. # Case F-119/10.
ECLI:EU:F:2011:188
62010FJ0119
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Reports of Cases
JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Third Chamber) 29 November 2011
(Civil service — Members of the temporary staff — Leave for national service — Article 18 of the Conditions of Employment of Other Servants — Professional soldier — Completion of a period of territorial command — Refusal)
Application:brought under Article 270 TFEU, applicable to the EAEC Treaty by virtue of Article 106a thereof, in which Mr Di Tullio principally seeks annulment of the decision by which the Commission refused to grant him leave for national service.
Held: The applicant’s action is dismissed. The applicant is to bear all the costs.
Summary
Officials — Members of the temporary staff — Leave for national service — Military service — Definition (Conditions of Employment of Other Servants, Art. 18, first para.)
According to the first sentence of the first paragraph of Article 18 of the Conditions of Employment of Other Servants, a member of the temporary staff who is called up for military service, alternative services or reserve training or who is recalled to serve in the armed forces shall be assigned leave for national service.
The situation referred to in the first paragraph of Article 18 of the Conditions of Employment is clearly only that in which a member of the temporary staff is required, under national legislation on military service, to complete in the Member State of which he is a national a limited period of military training, for example as a reserve officer. The provisions do not, on the other hand, refer to a situation in which a national civil servant is required, at the end of a period of secondment to the European institutions under a contract as a member of the temporary staff, to rejoin his administration in order to satisfy obligations associated with the progress of his career, even if that civil servant belongs to a body whose members are subject to military rules and discipline.
EN ECLI:EU:F:2011:188
SUMMARY – CASE F-119/10 DI TULLIO v COMMISSION
Moreover, a member of the temporary staff may be regarded as ‘recalled to serve in the armed forces’ within the meaning of the first paragraph of Article 18 of the Conditions of Employment of Other Servants only if one or more age groups are recalled because of the threat of armed conflict, for example.
(see paras 35, 38, 40)
ECLI:EU:F:2011:188