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Document 62011TA0268

Case T-268/11 P: Judgment of the General Court of 8 November 2012 — Commission v Strack (Appeal — Civil Service — Officials — Leave — Sick leave — Annulment at first instance of the Commission’s decision refusing to carry over days of annual leave not taken by the person concerned — Article 4 of Annex V to the Staff Regulations — Article 1e(2) of the Staff Regulations — Directive 2003/88/EC — Appeal well founded — Whether the state of the proceedings permits final judgment to be given — Dismissal of the action)

OJ C 399, 22.12.2012, p. 19–20 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

22.12.2012   

EN

Official Journal of the European Union

C 399/19


Judgment of the General Court of 8 November 2012 — Commission v Strack

(Case T-268/11 P) (1)

(Appeal - Civil Service - Officials - Leave - Sick leave - Annulment at first instance of the Commission’s decision refusing to carry over days of annual leave not taken by the person concerned - Article 4 of Annex V to the Staff Regulations - Article 1e(2) of the Staff Regulations - Directive 2003/88/EC - Appeal well founded - Whether the state of the proceedings permits final judgment to be given - Dismissal of the action)

2012/C 399/34

Language of the case: German

Parties

Appellant: European Commission (represented by: B. Eggers and J. Currall, acting as Agents)

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

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 15 March 2011 in Case F-120/07 Strack v Commission ECR-SC 0000 seeking to have that judgment set aside in part.

Operative part of the judgment

The Court:

1.

Sets aside the judgment of the European Union Civil Service Tribunal of 15 March 2011 in Case F 120/07 Strack v Commission;

2.

Dismisses the action brought by Mr Guido Strack before the European Union Civil Service Tribunal in Case F-120/07;

3.

Orders Mr Strack and the European Commission to bear their own costs, both of the proceedings before the Civil Service Tribunal and at the present instance.


(1)  OJ C 232, 6.8.2011.


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