# C_2007269EN.01007101.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/71 |
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10.11.2007

EN

Official Journal of the European Union

C 269/71

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Action brought on 22 August 2007 — Anselmo and Others v Council

(Case F-85/07)

(2007/C 269/129)

Language of the case: French

Parties

Applicants: Ana Anselmo (Brussels, Belgium) and Others (represented by: S. Pappas, lawyer)

Applicants:

Defendant: Council of the European Union

Defendant:

Form of order sought

| — | annul, first, the decisions of the appointing authority of 11 May 2007, rejecting the complaints brought by the applicants concerning a difference in treatment between, on the one hand, the successful candidates in internal competition N/277 and, on the other hand, the officials who benefit from the attestation procedure as defined by the Council decision of 2 December 2004 concerning the detailed rules for implementing the attestation procedure and, secondly, the decisions contested by those complaints; |
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annul, first, the decisions of the appointing authority of 11 May 2007, rejecting the complaints brought by the applicants concerning a difference in treatment between, on the one hand, the successful candidates in internal competition N/277 and, on the other hand, the officials who benefit from the attestation procedure as defined by the Council decision of 2 December 2004 concerning the detailed rules for implementing the attestation procedure and, secondly, the decisions contested by those complaints;

| — | find that there was an infringement of Article 5(2) of Annex XIII to the Staff Regulations of Officials of the European Communities by the non-recognition of seniority in grade in respect of the successful candidates in internal competition B/277; |
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find that there was an infringement of Article 5(2) of Annex XIII to the Staff Regulations of Officials of the European Communities by the non-recognition of seniority in grade in respect of the successful candidates in internal competition B/277;

| — | find that there was a breach of the principle of equal treatment and that of sound administration resulting both from the withdrawal of seniority in grade and the requirement of mobility which was imposed solely on successful candidates; |
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find that there was a breach of the principle of equal treatment and that of sound administration resulting both from the withdrawal of seniority in grade and the requirement of mobility which was imposed solely on successful candidates;

| — | consequently, accord the successful candidates the seniority in grade by annulling the contested acts; |
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consequently, accord the successful candidates the seniority in grade by annulling the contested acts;

| — | order the Council to pay the costs. |
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order the Council to pay the costs.

Pleas in law and main arguments

The applicants, successful candidates in internal competition B/277 published on 9 July 2007 by the General Secretariat of the Council, were first appointed in Category B maintaining the seniority of grade which they had acquired in Categories C and D. Later, their seniority in grade was limited to the date of taking up their new duties, although personnel who had reached Category B under the attestation procedure and not because of a competition were able to keep the seniority at issue. In those circumstances, the applicants rely on the infringement of the provisions and breach of the principles cited in the forms of order sought above.

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