Case F-20/06: Action brought on  22 February 2006  — Patrizia de Luca v Commission of the European Communities
Date: 2006-05-06
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, competition (EU), personnel administration, professional career, regulations for civil servants

6.5.2006

EN

Official Journal of the European Union

C 108/31

Action brought on 22 February 2006 — Patrizia de Luca v
Commission of the European Communities

(Case F-20/06)

(2006/C 108/57)

Language of the case: French

Parties

Applicant(s): Patrizia de Luca (Brussels)
Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers,)

(represented by: S.

Defendant(s): Commission of the European Communities

Form of order sought

The applicant claim(s) that the Court should:

— declare that Article 12 of Annex XIII to the Staff Regula-

tions of Officials is unlawful;

— annul

the decision of

the appointing authority of 23
February 2005 appointing the applicant to an administra-
tor's post in the Directorate-General ‘Justice, Freedom and
Security’, Directorate ‘Civil Justice, Rights and Citizenship’,
Unit ‘Civil Justice’, inasmuch as it fixes her classification at
the taking effect of her
Grade A*9, step 2, and annul
seniority in step on 1 February 2005;

that competition or in competitions at the same level has been
fixed at different levels depending on whether recruitment took
place before or after Regulation No 723/2004 entered into
force. In the second place, when the applicant's seniority in
step was fixed no regard was had to the seniority that she had
acquired as a Grade A*10 official, contrary to the rules applic-
able, especially in relation to the appointment of a member of
the temporary staff as an official.

Finally, the applicant invokes the principle of the protection of
legitimate expectations,
inasmuch as she might expect to be
appointed to the grade indicated in the notice of competition.

(1) OJ L 124, 27 April 2004, p. 1.

Action brought on 2 March 2006 — Da Silva v Commis-
sion of the European Communities

(Case F-21/06)

(2006/C 108/58)

Language of the case: French

— order the Commission of the European Communities to

pay the costs.

Parties

Pleas in law and main arguments

The applicant, a Grade A6 official (subsequently A*10), was
appointed,
after Council Regulation (EC, Euratom) No
723/2004 (1) of 22 March 2004 amending the Staff Regulations
of officials of the European Communities and the Conditions of
Employment of other servants of the European Communities
came into force, to an administrator's post, as a candidate
successful in Competition COM/A/11/01, the notice for which
had been published in 2001. Pursuant to Article 12 of Annex
XIII to the Staff Regulations, she was classified in Grade A*9.

First of all, the applicant claims that the contested decision
amounts to downgrading,
in disregard of the framework of
lawfulness constituted by the notice of competition in which
she was successful and also her reasonable career prospects. In
addition, she alleges breach of Articles 4, 5, 29 and 31 of the
Staff Regulations and also of the principles of good administra-
tion and proportionality.

According to the applicant, that decision is also contrary to the
principle of equal treatment and the principle of non-discrimi-
nation. In the first place, grading of candidates successful in

Applicant(s): João Da Silva (Brussels) (represented by: G. Vander-
sanden and L. Levi, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— a declaration that the action is admissible and well founded,

including the plea of illegality that it contains;

— annulment of the applicant's classification in Grade A*14,
step 2, contained in the decision of 18 May 2005
appointing the applicant as a director;

— restoration of the applicant to the grade and step in which
he would in the ordinary course of events have been placed
(or the equivalent according to the classification introduced
by the new Staff Regulations), according to the provisions
of the notice of vacancy published on 7 November 2003,
pursuant to Article 29(2) of the Staff Regulations (notice
for a director's post at Grade A2);