Judgment of the General Court of 9 December 2009 - Commission v Birkhoff
(Appeal - Staff case - Officials - Social security - Health insurance - Reimbursement of medical expenses - Annulment at first instance of the decision refusing the prior authorisation for reimbursement of the costs of acquisition of a wheelchair - Distortion of the clear sense of evidence)
Language of the case: German
Parties
Appellant: European Commission (represented by: J. Currall and B. Eggers, acting as Agents)
Other party to the proceedings: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)
Re:
Appeal brought against the judgment of the Civil Service Tribunal (First Chamber) of 8 July 2008 in Case F 76/07 Birkhoff v Commission, seeking to have that judgment set aside.
Operative part of the judgment
The Court:
Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 8 July 2008 in Case F-76/07 Birkhoff v Commission, not published in the ECR;
Sets aside the decision of the Settlements Office of 8 November 2006.
Orders Mr Gerhard Birkhoff and the European Commission to bear their own costs in relation to the present instance.
Orders the Commission to pay all the costs relating to the proceedings at first instance.
____________1 - OJ C 327, 20.12.2008.