21.2.2009
EN
Official Journal of the European Union
C 44/45
Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette
(Joined Cases T-90/07 P and T-99/07 P) (1)
(Appeal - Staff cases - Officials - Pensions - Transfer of national pension rights - Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application - Jurisdiction of the Civil Service Tribunal - Alteration of the subject-matter of the proceedings - Inadmissibility of the action at first instance)
(2009/C 44/78)
Language of the case: French
Parties
Appellants: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, Agents, assisted by L. Markey, lawyer) and Commission of the European Communities (represented by V. Joris and D. Martin, Agents)
Respondent: Emmanuel Genette (Gorze, France) (represented by: M.-A. Lucas, lawyer)
Re:
Two appeals against the judgment of 16 January 2007 of the European Union Civil Service Tribunal (First Chamber) in Case F-92/05 Genette v Commission (not yet published in the ECR) seeking to have that judgment set aide
Operative part of the judgment
The Court:
1.
Sets aside the judgment of 16 January 2007 of the European Union Civil Service Tribunal in Case F-92/05 Genette v Commission;
2.
Dismisses as inadmissible Mr. Genette's action before the Civil Service Tribunal in Case F-92/05;
3.
Orders Mr Genette to bear his own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;
4.
Orders the Commission to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;
5.
Orders the Kingdom of Belgium to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance.
(1) OJ C 117, 29.5.2007.
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