C_2009297EN.01003503.xml

5.12.2009

Official Journal of the European Union

C 297/35

Judgment of the Civil Service Tribunal (First Chamber) of 21 October 2009 — V v Commission

(Case F-33/08) (1)

(Staff case - Members of the contract staff - Recruitment - Refusal to employ the applicant for physical unfitness to perform her duties - Validity of the procedure - Validity of the medical examination prior to appointment - Preparatory acts)

2009/C 297/54

Language of the case: French

Parties

Applicant: V (Brussels, Belgium) (represented by: C. Ronzi, A. Grauling and É. Boigelot, lawyers)

Defendant: Commission of the European Communities (represented by: L. Lozano Palacios and D. Martin, Agents)

Re:

Staff case — Annulment of the Commission decision of 15 May 2007 informing the applicant that she did not fulfil the physically fitness requirements necessary for her to perform her duties and a claim for damages for material and non-material loss.

Operative part of the judgment

The Tribunal:

1.	Dismisses the action;

2.	Orders the Commission of the European Communities to bear its own costs and to pay half of V’s costs;

3.	Orders V to bear half of her own costs.

(1) OJ C 158, 21.6.2008, p. 26.