ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE CIVIL SERVICE TRIBUNAL

28 November 2007

Case F-71/07

Georgios Karatzoglou

v

European Agency for Reconstruction (EAR)

(Amicable settlement on the initiative of the Tribunal – Removal from the register)

Application: in which Mr Karatzoglou seeks an order for the EAR to pay compensation for the material and non-material harm suffered by reason of its failure to comply with the judgment of the Court of First Instance in Case T-471/04 Karatzoglou v EAR [2006] ECR-SC I‑A‑2‑35 and II‑A‑2‑157, annulling the EAR’s decision of 26 February 2004 to terminate the applicant’s contract of employment.

Held: Case F‑71/01 Karatzoglou v EAR is removed from the register of the Tribunal. The EAR is to pay the applicant, in respect of the costs he has incurred, the sum of EUR 10 000. The EAR is to bear its own costs.

Summary

Officials – Actions – Amicable settlement of the dispute before the Civil Service Tribunal – Removal from the register

(Rules of Procedure of the Civil Service Tribunal, Arts 69 and 74)

ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

28 November 2007 (*)

(Amicable settlement at the initiative of the Tribunal – Removal from the register)

In Case F‑71/07,

Georgios Karatzoglou, former member of the temporary staff of the European Agency for Reconstruction, residing in Preveza (Greece), represented by S.A. Pappas, lawyer,

applicant,

v

European Agency for Reconstruction (EAR), represented by N. McHale and K. Niafas, acting as Agents, and by S. Orlandi, A. Coolen, J.‑N. Louis and E. Marchal, lawyers,

defendant,

THE PRESIDENT OF THE FIRST CHAMBER OF THE TRIBUNAL

makes the following

Order

1        By application received by fax at the Tribunal Registry on 16 July 2007 (the original being lodged on 18 July 2007), Mr Karatzoglou requested the Tribunal to order the European Agency for Reconstruction (EAR) to pay compensation for the material and non-material harm suffered by reason of its failure to comply with the judgment of the Court of First Instance in Case T‑471/04 Karatzoglou v EAR [2006] ECR II-0000, annulling the EAR’s decision of 26 February 2004 to terminate the applicant’s contract of employment.

2        Following an appeal brought by the EAR against the judgment in Karatzoglou v EAR, the Court of Justice, by the judgment in Case C-213/06 P EAR v Karatzoglou [2007] ECR I-0000, held that the Court of First Instance had erred in law by allowing the applicant’s plea alleging an infringement of the principle of the protection of legitimate expectations. Consequently, the Court of Justice set aside the judgment in Karatzoglou v EAR and referred the case back to the Court of First Instance, in accordance with the first paragraph of Article 61 of the Statute of the Court of Justice, for it to examine the other four pleas put forward by the applicant upon which the Court of First Instance had not ruled. That case is currently still pending.

3        By letters to the parties dated 17 October 2007, the Tribunal advised them of its view that this case might be resolved by an amicable settlement and invited them to an informal meeting, the date for which was fixed at 7 November 2007.

4        By letters received by fax at the Tribunal Registry on 30 October 2007 from the applicant and on 5 November 2007 from the EAR, the parties confirmed that they would attend the informal meeting on 7 November 2007.

5        At the informal meeting the parties came to an agreement on an amicable settlement of the case, whereby the applicant would withdraw his action in return for payment by the EAR of his full costs, assessed at a fixed sum of EUR 10 000. Both parties stated in addition that they would abandon all claims.

6        By letters received at the Tribunal Registry on 15 November 2007 from the applicant and on 14 November 2007 from the EAR, the parties confirmed their agreement.

7        Accordingly, pursuant to Articles 69 and 74 of the Rules of Procedure of the Tribunal, which were adopted on 25 July 2007 (OJ 2007 L 225, p. 1) and entered into force on 1 November 2007, an order should be made that the case be removed from the register of the Tribunal and that the EAR pay the applicant’s full costs, assessed at a fixed sum of EUR 10 000.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE CIVIL SERVICE TRIBUNAL

hereby orders:

1.      Case F-71/07 Karatzoglou v EAR is removed from the register of the Tribunal.

2.      The European Agency for Reconstruction shall pay Mr Karatzoglou, in respect of the costs he has incurred, the sum of EUR 10 000.

3.      The European Agency for Reconstruction shall bear its own costs.

Done in Luxembourg, on 28 November 2007.

W. Hakenberg

H. Kreppel

Registrar

President

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* Language of the case: English.