Case F-65/06: Action brought on  22 May 2006  — Pereira Sequeira v Commission
Date: 2006-05-22
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, assistant, competition (EU), professional career, regulations for civil servants, servant (EU)

C 165/36

EN

Official Journal of the European Union

15.7.2006

— Annul the Appointing Authority's decision of 14 February
the
applicant's

complaint against

2006 rejecting the
contested decision;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official and mother of two chil-
dren, received dependent child allowance under Article 67(2) of
the Staff Regulations. Following her spouse's death on 10 April
2005, she was informed that because of the amendment to
Article 80 of the Staff Regulations, the Commission would not
pay her any orphans' pension. On the other hand, she obtained
family allowances and orphans' pension from the Belgian
authorities. As the total amount of the benefits paid by the
latter exceeded the amount of the Community family allow-
ances,
the applicant was no
the Commission decided that
longer entitled to the latter allowances.

In support of her action, the applicant alleges, first, infringe-
ment of Article 67(2) of the Staff Regulations. The allowances
which she receives from the Belgian authorities are not allow-
ances of like nature to those paid by the Community and so
should not give rise to the deduction provided for by that
provision.

The applicant next pleads breach of the obligation, laid down
in Article 25 of the Staff Regulations, to state the grounds on
which any decision relating to a specific individual is based,
breach of the principles of the protection of legitimate expecta-
tions, legal certainty, equal treatment and sound administration,
and of the duty to have regard for the welfare of officials.

She also raises a plea of illegality against the part of Council
Regulation (EC, Euratom) No 723/2004 of 22 March 2004
amending the Staff Regulations of officials of the European
Communities and the Conditions of Employment of other
the European Communities (1) which amends
servants of
Article 80(4) of the Staff Regulations without providing for
transitional measures. According to the applicant, the with-
drawal of the orphans' pension for children whose deceased
parent was not an official or member of the temporary staff
should have been accompanied by transitional measures
enabling officials to make a full actuarial calculation of their
position.

Action brought on 22 May 2006 — Bergström v Commis-
sion

(Case F-64/06)

(2006/C 165/73)

Language of the case: French

Parties

Applicant: Ragnar Bergström (Linkebeek, Belgium) (represented
by: T. Bontinck and J. Feld, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

— Annul the specific decision on a transfer from temporary
staff status to official status reflected in an instrument of
appointment taking effect on 16 September 2005, notified
on 28 September 2005;

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant was informed on 26 April 2004 that he had
been successful in open competition COM/A/3/02, the notice
for which was published on 25 July 2002, to form a reserve
list for the recruitment of administrators in career bracket A7/
A6. After the entry into force of the new Staff Regulations, he
was appointed as an official in the same post he occupied as a
member of the temporary staff in Grade A*6, step 2, in accord-
ance with Annex XIII to the Staff Regulations.

In support of his action, the applicant pleads infringement of
Articles 31 and 62 of the Staff Regulations and Articles 5 and
2 of Annex XIII to the Staff Regulations.

The applicant also claims infringement of the principle of the
protection of
the
protection of acquired rights and the principle of equal treat-
ment between officials in the same grade or career bracket.

legitimate expectations,

the principle of

Action brought on 22 May 2006 — Pereira Sequeira v
Commission

(Case F-65/06)

(2006/C 165/74)

Language of the case: French

(1) OJ L 124, 27.4.2004, p. 1

Parties

Applicant: Rosa Maria Pereira Sequeira (Brussels, Belgium)
(represented by: T. Bontinck and J. Feld, lawyers)

Defendant: Commission of the European Communities

15.7.2006

EN

Official Journal of the European Union

C 165/37

Form of order sought

— annul the individual decision relating to a change of cate-
gory, effective as from 16 August 2005, notified on 19
September 2005;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant is a successful candidate of the internal competi-
tion COM/PC/04, published before the new Staff Regulations
entered into force. She was appointed an official thereunder
and classified in grade C*1, that is, the same grade in which she
had been classified during her last temporary agent contract.
Although previously she had enjoyed a more advantageous
classification, she had been downgraded to grade C*1 prior to
her appointment as an official.

In support of her action, the applicant alleges breach of Articles
31 and 62 of the Staff Regulations and Articles 5 and 2 of
Annex XIII to the Staff Regulations.

The applicant also alleges violation of the principle of protec-
tion of legitimate expectations and the principle of protection
of acquired rights.

Order of the Civil Service Tribunal of 13 June 2006 —
Maccanti v CESE

(Case F -81/05) (1)

(2006/C 165/75)

Language of the case: French

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 281, 12.11.2005.