Judgment of the Court of First Instance of 6 May 2009 - M v EMEA
(Appeal - Staff case - Temporary staff - Invalidity - Application for reconsideration of the decision rejecting a first request that the Invalidity Committee be convened - Action for annulment - Non-actionable measure - Confirmatory act -New and substantial facts - Admissibility - Non-contractual liability - Non-material harm)
Language of the case: French
Parties
Appellant: M (London, United Kingdom) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)
Other party to the proceedings: European Medicines Agency (EMEA) (represented by: V. Salvatore and N. Rampal Olmedo, Agents)
Re:
Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) in Case F-23/07 M v EMEA [2007] ECR-SC I-A-0000 and II-0000 seeking that that order be set aside.
Operative part of the judgment
The Court:
Sets aside the order of the Civil Service Tribunal of the European Union (First Chamber) of 19 October 2007 in Case F-23/07 M v EMEA [2007] ECR I-A-0000 and II-0000;
Annuls the decision of the European Medicines Agency (EMEA) of 25 October 2006, in so far as it rejected M's request of 8 August 2006 for his case to be referred to the Invalidity Committee;
Orders EMEA to pay the appellant compensation of EUR 3000;
Dismisses the appeal as to the remainder;
Orders EMEA to pay the costs of the procedure before the Civil Service Tribunal and those of this case.
____________1 - OJ C 64, 8.3.2008.