Language of document :

Judgment of the Civil Service Tribunal (First Chamber) of 17 April 2007 - C and F v Commission

(Cases F-44/06 and F-94/06) 1

(Officials - Article 78 of the Staff Regulations - Invalidity pension - Compliance with a judgment of the Court of First Instance - Action for annulment and compensation)

Language of the cases: French

Parties

Applicants: C and F (Brussels, Belgium) (represented by: J. van Rossum, S. Orlandi and J.-N. Louis, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall, Agent)

Re:

In Case F-44/06:

First, annulment of the decision of 13 June 2005 refusing to adopt, with respect to the applicant, any measure to comply with the judgment of the Court of First Instance of the European Communities in Case T-376/02, brought by the same applicant against a decision of 14 January 2002 and, second, annulment of the decision of 23 February 2006 compulsorily retiring the applicant with entitlement to an invalidity allowance to be determined in accordance with the second paragraph of Article 78 of the Staff Regulations, with retroactive effect from 1 February 2002.

In Case F-94/06:

First, annulment of the decision of 23 February 2006 compulsorily retiring the applicant with entitlement to an invalidity allowance to be determined in accordance with the second paragraph of Article 78 of the Staff Regulations, with retroactive effect from 1 February 2002 and, second, an application for damages.

Operative part of the judgment

The Commission of the European Communities is ordered to pay the applicant compensation of EUR 2 000 in respect of non-material damage sustained by him.

The remainder of the applications is dismissed.

The Commission of the European Communities is ordered to bear its own costs and to pay two thirds of the applicant's costs in Cases F-44/06 C v Commission and F-94/06 F v Commission.

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1 - F-44/06: OJ C 154, 1.7.2006, p. 25 and F-94/06: OJ C 237, 30.9.2006, p. 22.