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Case F-88/09 and F-48/10: Judgment of the Civil Service Tribunal (Third Chamber) of 5 December 2012 — Z v Court of Justice (Civil service — Officials — Reassignment — Interests of the service — General rule of correspondence between the grade and the post — Rights of the defence — Psychological harassment — Article 12 of the Staff Regulations — Duty of care — Principle of sound administration — Disciplinary proceedings — Disciplinary measure — Written warning — Rights of the defence and principle of the right to be heard)

ECLI:EU:UNKNOWN:62009FA0088

62009FA0088

December 5, 2012
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Official Journal of the European Union

C 38/29

(Case F-88/09 and F-48/10) (<span class="super">1</span>)

(Civil service - Officials - Reassignment - Interests of the service - General rule of correspondence between the grade and the post - Rights of the defence - Psychological harassment - Article 12 of the Staff Regulations - Duty of care - Principle of sound administration - Disciplinary proceedings - Disciplinary measure - Written warning - Rights of the defence and principle of the right to be heard)

2013/C 38/53

Language of the case: French

Parties

Applicant: Z (Luxembourg, Luxembourg) (represented: initially by L. Levi and M. Vandenbussche, lawyers, subsequently by F. Rollinger, lawyer)

Defendant: Court of Justice of the European Union (represented by: A. V. Placco, Agent)

Re:

Application for annulment of the decision to transfer the applicant in the interest of the service to another directorate and an order that the defendant pay compensation for non-material loss.

Operative part of the judgment

The Tribunal:

1.Dismisses the actions in Joined Cases F-88/09 and F-48/10;

2.Orders Z to bear three-quarters of his own costs in Case F-88/09 and to bear his own costs and to pay those incurred by the Court of Justice of the European Union in Case F-48/10;

3.Orders the Court of Justice of the European Union to bear its own costs and to pay a quarter of those incurred by Z in Case F-88/09.

(<span class="super">1</span>) OJ C 24, 30.1.2010, p. 80.

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