Judgment of the General Court of 13 December 2012 - Commission v Strack
(Joined Cases T-197/11 P and T-198/11 P)
(Appeal - Civil Service - Officials - Access to documents - Articles 26 and 26a of the Staff Regulations - Regulation (EC) No 1049/2001 - Jurisdiction of the Civil Service Tribunal - Inadmissibility of the action at first instance - No act adversely affecting an official - Article 90(a) of the Rules of Procedure)
Language of the case: German
Parties
Appellant: European Commission (represented by: P. Costa de Oliveira and B. Eggers, Agents)
Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)
Re:
Two appeals brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission [2011] ECR-SC I-A-1-0000 and II-A-1-0000 and seeking to have that judgment set aside.
Operative part of the judgment
The Court:
Joins Cases T-197/11 P and T-198/11 P for the purposes of the present judgment;
Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission [2011] ECR I-A-1-0000 and II-A-1-0000 in so far as that Tribunal considered itself to have jurisdiction to hear and determine an action for annulment against a decision adopted under Regulation No 1049/2001;
Dismisses the appeal in Case T-198/11 P;
Orders Mr Guido Strack to bear his own costs in Cases T-197/11 P and T-198/11 P and pay the costs incurred by the European Commission in Case T-198/11 P;
Orders the Commission to bear its own costs in Case T-197/11 P;
Orders Mr Strack to pay the Civil Service Tribunal EUR 2000 in order to reimburse part of the costs which that latter had to incur.
____________1 - OJ C 186, 25.6.2011.