Judgment of the General Court of 10 November 2010 - OHIM v Simões Dos Santos
(Appeal - Cross-appeal - Civil service - Officials - Promotion - 2003 promotion procedure - Merit points reset at zero and their total recalculated - Compliance with a judgment of the General Court - Res judicata - Legal basis - Non-retroactivity - Legitimate expectation - Material damage - Loss of opportunity for promotion - Non-material damage)
Language of the case: French
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)
Other party to the proceedings: Simões Dos Santos (Alicante, Spain) (represented by: A. Creus Carreras, lawyer)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM, not published in the ECR, seeking to have that judgment set aside.
Operative part of the judgment
The Court:
Paragraphs 2 to 25 of the operative part of the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM are annulled.
The main appeal and the cross appeal are dismissed as to the remainder.
The case is referred back to the Civil Service Tribunal.
The costs are reserved.
____________1 - OJ C 220, 12.9.2009..