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Document 62007TA0090

Joined Cases T-90/07 P and T-99/07 P: Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette (Appeal — Staff cases — Officials — Pensions — Transfer of national pension rights — Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application — Jurisdiction of the Civil Service Tribunal — Alteration of the subject-matter of the proceedings — Inadmissibility of the action at first instance)

OJ C 44, 21.2.2009, p. 45–45 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

21.2.2009   

EN

Official Journal of the European Union

C 44/45


Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette

(Joined Cases T-90/07 P and T-99/07 P) (1)

(Appeal - Staff cases - Officials - Pensions - Transfer of national pension rights - Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application - Jurisdiction of the Civil Service Tribunal - Alteration of the subject-matter of the proceedings - Inadmissibility of the action at first instance)

(2009/C 44/78)

Language of the case: French

Parties

Appellants: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, Agents, assisted by L. Markey, lawyer) and Commission of the European Communities (represented by V. Joris and D. Martin, Agents)

Respondent: Emmanuel Genette (Gorze, France) (represented by: M.-A. Lucas, lawyer)

Re:

Two appeals against the judgment of 16 January 2007 of the European Union Civil Service Tribunal (First Chamber) in Case F-92/05 Genette v Commission (not yet published in the ECR) seeking to have that judgment set aide

Operative part of the judgment

The Court:

1.

Sets aside the judgment of 16 January 2007 of the European Union Civil Service Tribunal in Case F-92/05 Genette v Commission;

2.

Dismisses as inadmissible Mr. Genette's action before the Civil Service Tribunal in Case F-92/05;

3.

Orders Mr Genette to bear his own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;

4.

Orders the Commission to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;

5.

Orders the Kingdom of Belgium to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance.


(1)  OJ C 117, 29.5.2007.


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