# C_2009082EN.01002302.xml

| 4.4.2009 | EN | Official Journal of the European Union | C 82/23 |
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4.4.2009

EN

Official Journal of the European Union

C 82/23

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Judgment of the Court of First Instance of 20 February 2009 — Commission v Bertolete and Others

(Joined Cases T-359/07 P to T-361/07 P) (1)

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(Appeal - Public service - Contract staff of OIB - Former salaried employees under Belgian law - Change of applicable regime - Commission decisions fixing remuneration - Equal treatment)

(2009/C 82/41)

Language of the cases: French

Parties

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

Appellant:

Other parties to the proceedings: Marli Bertolete (Woluwé-Saint-Lambert, Belgium) and the eight other members of the contract staff of the Commission of the European Communities whose names are included in the annex to the judgment; Sabrina Abarca Montiel (Wauthier-Braine, Belgium) and the 19 other members of the contract staff of the Commission of the European Communities whose names are included in the annex to the judgment; Béatrice Ider (Halle, Belgium); Marie-Claire Desorbay (Meise, Belgium); and Lino Noschese (Braine-le-Château, Belgium) (represented by: L. Vogel, lawyer)

Other parties to the proceedings:

Re:

Three appeals brought against the judgments of the Civil Service Tribunal of the European Union (Second Chamber) of 5 July 2007 in Case F-26/06 Bertolete and Others v Commission (not yet published in the ECR); Case F-24/06 Abarca Montiel and Others v Commission (not yet published in the ECR); and Case F-25/06 Ider and Others v Commission (not yet published in the ECR), seeking to have those judgments set aside.

Bertolete and Others

Commission

Abarca Montiel and Others

Commission

Ider and Others

Commission

Operative part of the judgment

The Court:

| 1. | Sets aside the judgments of the Civil Service Tribunal (Second Chamber) of 5 July 2007 in Case F-26/06 Bertolete and Others v Commission (not yet published in the ECR), Case F-24/06 Abarca Montiel and Others v Commission (not yet published in the ECR) and Case F-25/06 Ider and Others v Commission (not yet published in the ECR); |
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1.

Sets aside the judgments of the Civil Service Tribunal (Second Chamber) of 5 July 2007 in Case F-26/06 Bertolete and Others v Commission (not yet published in the ECR), Case F-24/06 Abarca Montiel and Others v Commission (not yet published in the ECR) and Case F-25/06 Ider and Others v Commission (not yet published in the ECR);

| 2. | Dismisses the actions brought by the applicants at first instance, namely Marli Bertolete and the eight other members of the contract staff of the Commission of the European Communities whose names are included in the annex, Sabrina Abarca Montiel and the 19 other members of the contract staff of the Commission of the European Communities whose names are included in the annex, Béatrice Ider, Marie-Claire Desorbay and Lino Noschese; |
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2.

Dismisses the actions brought by the applicants at first instance, namely Marli Bertolete and the eight other members of the contract staff of the Commission of the European Communities whose names are included in the annex, Sabrina Abarca Montiel and the 19 other members of the contract staff of the Commission of the European Communities whose names are included in the annex, Béatrice Ider, Marie-Claire Desorbay and Lino Noschese;

| 3. | Orders the applicants at first instance and the Commission to bear their own costs. |
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3.

Orders the applicants at first instance and the Commission to bear their own costs.

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(1)  OJ C 283, 24.11.2007.

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