Judgment of the Court of First Instance of 5 October 2009 - de Brito Sequeira Carvalho v Commission and Commission v de Brito Sequeira Carvalho

(Joined Cases T-40/07 P and T-62/07 P) ¹

(Appeals - Staff cases - Officials - Leave - Medical leave - Placing on compulsory medical leave - Extension of compulsory medical leave - Prior new medical examination - Jurisdiction of the Civil Service Tribunal - Amendment of the subject-matter of the dispute)

Language of the case: French

Parties

Appellants: José António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: O. Martins, lawyer) (T-40/07 P); and Commission of the European Communities (represented by: D. Martin, acting as Agent, assisted by C. Falmagne, lawyer) (T-62/07 P)

Other parties to the proceedings: Commission of the European Communities (represented by: D. Martin, acting as Agent, assisted by C. Falmagne, lawyer) (T-40/07 P); and José António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: O. Martins, lawyer) (T-62/07 P)

Re:

Two appeals against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 13 December 2006 in Case F-17/05 de Brito Sequeira Carvalho v Commission EC- SC-I-A-1-149 and II-A-I 577, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

Dismisses the appeal in Case T-40/07 P;

Orders José António de Brito Sequeira Carvalho to bear his own costs and to pay those incurred by the Commission in the present proceedings;

Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 13 December 2006 in Case F-17/05 de Brito Sequeira Carvalho v Commission EC- SC-I-A-1-149 and II-A-I 577, in so far as it annulled the decision of 13 July 2004 and the decisions to extend the compulsory medical leave subsequent to the decision of 22 September 2004;

Dismisses the action brought by Mr de Brito Sequeira Carvalho before the Civil Service Tribunal in Case F-17/05 as inadmissible as regards the decision of 13 July 2004 and the decisions to extend the compulsory medical leave subsequent to the decision of 22 September 2004;

Dismisses the appeal in case T-62/07 P as to the remainder;

In Case T-62/07 P, orders Mr de Brito Sequeira Carvalho to bear half of his own costs relating to the proceedings before the Civil Service Tribunal and the present proceedings;

In Case T-62/07 P, orders the Commission to bear its own costs and to pay half the costs incurred by Mr de Brito Sequeira Carvalho relating to the proceedings before the Civil Service Tribunal and the present proceedings.

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¹ - OJ C 82, 14.04.2007.