Language of document :

Judgment of the Civil Service Tribunal (Third Chamber) of 13 December 2006 - de Brito Sequeira Carvalho v Commission

(Case F-17/05) 1

(Officials - Sick leave - Placing on compulsory sick leave)

Language of the case: French

Parties

Applicant: José António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: K.H. Hagenaar, subsequently O. Martins and M. Boury, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall, subsequently D. Martin, Agents, and by C. Falmagne, lawyer)

Re:

First, a declaration that the Commission's decision placing the applicant on compulsory sick leave is non-existent, together with an order that the Commission put an end to the alleged blatantly unlawful conduct of which the applicant considers himself to be the victim, and, second, an application for damages

Operative part of the judgment

The Tribunal:

annuls the decision of the Commission of the European Communities of 13 July 2004 forbidding Mr de Brito Sequeira Carvalho access to Commission buildings;

annuls the decision of the Commission of the European Communities of 22 September 2004 extending the applicant's sick leave by six months and the subsequent extension of that sick leave;

dismisses the remainder of the forms of order sought in the application;

orders the Commission of the European Communities to bear its own costs and two-thirds of the costs incurred by the applicant.

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1 - OJ C 155, 25.6.2005 (case initially registered before the Court of First Instance of the European Communities under number T-145/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005.