Judgment of the General Court of 8 November 2012 - Commission v Strack
(Case T-268/11 P)
(Appeal - Civil Service - Officials - Leave - Sick leave - Annulment at first instance of the Commission's decision refusing to carry over days of annual leave not taken by the person concerned - Article 4 of Annex V to the Staff Regulations - Article 1e(2) of the Staff Regulations - Directive 2003/88/EC - Appeal well founded - Whether the state of the proceedings permits final judgment to be given - Dismissal of the action)
Language of the case: German
Parties
Appellant: European Commission (represented by: B. Eggers and J. Currall, acting as Agents)
Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)
Re:
Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 15 March 2011 in Case F-120/07 Strack v Commission ECR-SC 0000 seeking to have that judgment set aside in part.
Operative part of the judgment
The Court:
Sets aside the judgment of the European Union Civil Service Tribunal of 15 March 2011 in Case F 120/07 Strack v Commission;
Dismisses the action brought by Mr Guido Strack before the European Union Civil Service Tribunal in Case F-120/07;
Orders Mr Strack and the European Commission to bear their own costs, both of the proceedings before the Civil Service Tribunal and at the present instance.
____________1 - OJ C 232, 6.8.2011.