# C_2007283EN.01003102.xml

| 24.11.2007 | EN | Official Journal of the European Union | C 283/31 |
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24.11.2007

EN

Official Journal of the European Union

C 283/31

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Appeal brought on 19 September 2007 by Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 5 July 2007 in Case F-24/06 Abarca Montiel and Others v Commission

Abarca Montiel and Others

Commission

(Case T-360/07 P)

(2007/C 283/58)

Language of the case: French

Parties

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

Appellant:

Other parties to the proceedings: S. Abarca Montiel (Wauthier-Braine, Belgium), K. Adams (Wavre, Belgium), M. Alvarez y Bejerano (Sint-Pieters-Leeuw, Belgium), C. Baesens (Brussels, Belgium), C. Blancke (Brussels, Belgium), V. Bruneel (Kampenhout, Belgium), G. Butera (Rebecq, Belgium), C. Clarie (Denderhoutem, Belgium), G. Gallo (Zellik-Asse, Belgium), C. Gilis (Ganshoren, Belgium), I. Gillard (Gingelom, Belgium), C. Kremer (Laeken, Belgium), D. Maris (Schaerbeek, Belgium), M. Menacho y Sanchez (Zellik-Asse, Belgium), R. Thiry (Herstal, Belgium), S. Timmermans (Brussels, Belgium), R. Tuts (Boutersem, Belgium), E. Tzikas (Anderlecht, Belgium), C. Van Droogenbroeck (Eghezee, Belgium), C. Willems (Liernu, Belgium)

Other parties to the proceedings:

Form of order sought by the appellant

| — | Set aside the judgment of the Civil Service Tribunal of 5 July 2007 in Case F-24/06; |
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Set aside the judgment of the Civil Service Tribunal of 5 July 2007 in Case F-24/06;

| — | Refer the case back to the Civil Service Tribunal; |
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Refer the case back to the Civil Service Tribunal;

| — | Reserve the costs; |
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Reserve the costs;

| — | In the alternative, set aside the judgment of the Civil Service Tribunal of 5 July 2007 in Case F-24/06 and, ruling itself on the dispute, allow the form of order sought by the defendant at first instance and, accordingly, dismiss the action in Case F-24/06; order the respondents to pay costs. |
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In the alternative, set aside the judgment of the Civil Service Tribunal of 5 July 2007 in Case F-24/06 and, ruling itself on the dispute, allow the form of order sought by the defendant at first instance and, accordingly, dismiss the action in Case F-24/06; order the respondents to pay costs.

Pleas in law and main arguments

By judgment of 5 July 2007 delivered in Case F-24/06 Abarca Montiel and Others v Commission, the Civil Service Tribunal annulled the decisions by which the Commission fixed the classification and remuneration of the applicants under their contracts as members of the contract staff. The applicants, former salaried employees under Belgian law, were taken on as nursery attendants following a change in the conditions of employment of other servants of the Communities.

Abarca Montiel and Others

Commission

The Commission's first plea in support of its appeal alleges an error of law by the Tribunal in so far as it failed to have proper regard for the scope of the principle of equality of treatment in its interpretation of the applicable provisions, in particular with regard to the approach followed by the Commission of including family allowances in the concept of remuneration.

The second plea alleges infringement of the principle that reasons must be stated in so far as the Civil Service Tribunal failed to rule on the concept of remuneration.

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