Order — ECLI:EU:F:2011:63
Date: 2011-05-25
Language of the case: German
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Judgment delivered after back reference;Staff cases - decision unnecessary

summary publication, paragraph 6, and Case T‑172/95 Chesi and Others v Council [1998] ECR‑SC I‑A‑265 and II‑817, paragraph 33). Accordingly, the Tribunal may not, without encroaching on the powers of the administration (see, inter alia, Case T‑300/97 Latino v Commission [1999] ECR‑SC I‑A‑259 and II‑1263, paragraph 28, and the case‑law cited), give directions to the Commission in the instant case, even where they would correspond to the obligation incumbent upon that institution, under Article 233 EC, following a judgment annulling a measure (see, to that effect, Case T‑80/04 Castets v Commission [2005] ECR‑SC I‑A‑161 and II‑729, paragraph 17, and Case T‑203/03 Rasmussen v Commission [2005] ECR‑SC I‑A‑279 and II‑1287, paragraph 32). It is, on the other hand, for the Commission to take the necessary measures to comply with the judgment. Costs 57 Under Article 122 of the Rules of Procedure, the provisions of Title 2, Chapter 8, on costs are to apply only to cases brought before the Tribunal from the date on which those Rules enter into force, namely on 1 November 2007. The relevant provisions of the Rules of Procedure of the Court of First Instance on the subject are to continue to apply mutatis mutandis to cases pending before the Tribunal before that date. 58 Under Article 87(2) of the Rules of Procedure of the Court of First Instance, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. However, under Article 88 of those Rules, in proceedings between the Communities and their servants the institutions are to bear their own costs. Since the applicant has been largely successful in his action, the Commission must be ordered to bear its own costs and to pay the applicant’s costs. On those grounds, THE TRIBUNAL (First Chamber) hereby: 1. Annuls the decision of 19 June 2007 of the selection board in competition EPSO/AD/26/05; 2. Dismisses the remainder of the action; 3. Orders the Commission of the European Communities to bear its own costs and to pay the applicant’s costs. Kreppel Tagaras Gervasoni Delivered in open court in Luxembourg on 14 October 2008. W. Hakenberg S. Gervasoni Registrar President The text of the present decision and those of the decisions of the Community Courts cited in it which have not yet been published in the European Court Reports are available on the internet site of the Court of Justice: www.curia.europa.eu * Language of the case: German.