Case F-30/06: Action brought on  13 March 2006  — Hanot v Commission
Date: 2006-06-03
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, competition (EU), equal treatment, personnel administration, professional career

C 131/50

EN

Official Journal of the European Union

3.6.2006

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 13 March 2006 — Hanot v Commis-
sion

(Case F-30/06)

(2006/C 131/91)

Language of the case: French

Parties

is set at
competition or in competitions at the same level
different
recruitment occurs
levels depending on whether
before or after the entry into force of the new Staff Regulations.
On the other hand, officials who did not pass the competition
for change of category are at an advantage, in that they retain
their promotion points while the applicant's ‘rucksack’ was re-
set at zero.

Lastly, according to the applicant, the contested decisions are
contrary to the principle of the protection of legitimate expec-
tations, in so far as she was entitled to expect to be appointed
at the grade given in the competition notice.

Applicant: Cécile Hanot
sented by: S. Orlandi, A. Coolen,
lawyers)

(Luxembourg, Luxembourg)

(repre-
J.-N. Louis, E. Marchal,

Defendant: Commission of the European Communities

Form of order sought

— Declare that Articles 5(2) and 12 of Annex XIII to the Staff

Regulations are unlawful;

— Annul the decision appointing the applicant as an Assistant,
in that
it sets her classification at grade B*3, step 5,
pursuant to Article 5(2) of Annex XIII to the Staff Regula-
tions;

Action brought on 13 March 2006 — Perez-Minayo
Barroso and Pino v Commission

(Case F-31/06)

(2006/C 131/92)

Language of the case: French

— Annul the decision to remove all the points which form the

applicant's ‘rucksack’;

Parties

— Annul the decision to apply a multiplier for the purpose of

calculating the applicant's remuneration;

— Order the Commission of the European Communities to

pay the costs.

Isabelle Perez-Minayo Barroso (Brussels, Belgium)
Applicants:
and Marco Pino (Brussels, Belgium) (represented by: S. Orlandi,
lawyer)

Defendant: Commission of the European Communities

Pleas in law and main arguments

The applicant is a successful candidate in the internal competi-
tion for change of category COM/PB/04, the notice for which
was published before the date when the new Staff Regulations
entered into force. After that date, she was appointed by the
defendant to the higher category, but her previous grade, step
and multiplier were retained. However, her promotion points
were re-set at zero.

In her action, the applicant submits, first, that the contested
decisions infringe the legal framework formed by the notice for
the competition which she passed, and Articles 5, 29 and 31 of
the Staff Regulations, the principle that officials should have
reasonable career prospects and the principle of proportion-
ality.

The applicant claims, second, that those decisions also infringe
the principle of equal treatment and non-discrimination. On
one hand, the classification of successful candidates in the same

Form of order sought

— Declare that Articles 5 and 12 of Annex XIII to the Staff

Regulations are unlawful;

— Annul the specific decisions appointing the applicants as
Administrators, in that they set their classification pursuant
to Article 5(2) of Annex XIII to the Staff Regulations;

— Annul the specific decisions to remove the points accumu-
lated by the applicants in their former category, forming
their ‘rucksack’;

— Annul the specific decisions to apply a multiplier lower
than 1 for the purposes of determining the applicant's
remuneration;

— Order the Commission of the European Communities to

pay the costs.