Case F-38/06 R: Order of the President of the Civil Service Tribunal of  31 May 2006  — Bianchi v European Training Foundation (Proceedings for interim relief — Application for suspension of operation and fot interim measures)
Date: 2006-07-15
Institutions: Civil Service Tribunal
Subjects: European Training Foundation, action by staff, dismissal, personnel administration, servant (EU), summary procedure

C 165/34

EN

Official Journal of the European Union

15.7.2006

Order of the Civil Service Tribunal of 31 May 2006 —
Frankin and Others v Commission

Re:

(Case F-91/05) (1)

(Pension — Transfer of pension rights acquired in Belgium
— Dismissal of the applicants' requests for assistance)

First, suspension of execution of the decision of 24 October
2005 by which the European Training Foundation refused to
renew the applicant's temporary agent contract and, second,
the granting of interim measures.

(2006/C 165/67)

Language of the case: French

Parties

Applicants: Frankin and Others (Sorée, Belgium)
by: F. Frabetti, lawyer)

(represented

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and L. Lozano Palacios, Agents)

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Re:

Action brought on 8 May 2006 — Kerstens v Commission

First, annulment of the implicit refusal by the Commission to
offer the applicants its assistance pursuant to Article 24 of the
Staff Regulations of Officials of the European Communities
and, second, damages for losses the applicants claim to have
suffered as a result of that refusal.

(Case F-59/06)

(2006/C 165/69)

Language of the case: French

Operative part of the order

1. The action is dismissed as inadmissible;

2. The parties are ordered to bear their own costs.

(1) OJ C 315 of 10.12.2005 (case initially registered before the Court
of First Instance of the European Communities under Case T-359/
05 and transferred to the Civil Service Tribunal of the European
Union by order of 15.12.2005)

Order of the President of the Civil Service Tribunal of 31
May 2006 — Bianchi v European Training Foundation

Parties

Applicant: Petrus J.F. Kerstens (Overijse, Belgium) (represented
by: C. Mourato, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Appointing Authority's decision of 11 July 2005
adopting the applicant's Career Development Report (CDR)
for the year 2004;

— Annul the Appointing Authority's express decision of 6
February 2006 rejecting the applicant's complaint No R/
769/05;

(Case F-38/06 R)

— Order the Commission of the European Communities to

(Proceedings for interim relief — Application for suspension
of operation and fot interim measures)

pay the costs.

Pleas in law and main arguments

(2006/C 165/68)

Language of the case: French

Parties

Applicant:
Lucas, lawyer)

Irène Bianchi

(Turin,

Italy)

(represented by: M.-A.

Defendant: European Training Foundation (represented by: M.
Dunbar, Director, assisted by G. Vandersanden, lawyer)

The applicant, a Commission official, challenges the merit
points and markings contained in his CDR for the year 2004.
He pleads infringement of the appraisal procedure rules and of
the General Provisions Implementing Article 43 of the Staff
Regulations, a manifest error of assessment and infringement of
Article 43 of the Staff Regulations. The applicant reserves,
lastly, the right to expound a third plea in law alleging misuse
of powers.