Case F-67/06: Action brought on  16 June 2006  — Lesniak v Commission
Date: 2006-07-29
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, professional career, regulations for civil servants

29.7.2006

EN

Official Journal of the European Union

C 178/43

Action brought on 16 June 2006 — Kyriazi v Commission

(Case F-66/06)

(2006/C 178/80)

Language of the case: French

Parties

Applicant: Kalliopi Kyriazi (Clabecq, Belgium) (represented by:
E. Boigelot, lawyer)

In support of her action, the applicant claims that the adminis-
tration has infringed Article 31(1) and the second paragraph of
Article 25 of the Staff Regulations and Articles 5 and 18 of
Annex XIII thereto. She also alleges infringement of essential
procedural requirements and the provisions of the competition
notice and disregard of a number of general principles of law,
in particular the principle of the protection of legitimate expec-
tations, the principle of legal certainty, the principle of sound
administration and the principle of equal treatment.

The applicant considers further that 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 servants of the European
Communities (1) is unlawful as to the part which inserts Article
5(4) of Annex XIII to the Staff Regulations, in so far as the
Appointing Authority construes that provision as allowing it to
classify the applicant in Grade C*1, step 2, in breach of the
requirements laid down by Article 31 of the Staff Regulations
and a number of principles of law.

Defendant: Commission of the European Communities

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

Form of order sought

— Annul the decision of 12 September 2005 to appoint the
applicant as a probationary official with classification in
Grade C*1, step 2, and all consecutive and/or related
measures such as the decision to cancel her secretarial
allowance and not to restore it following her appointment
as an established official;

— Annul

the Appointing Authority's decision of 6 March
2006 rejecting the applicant's complaint seeking annulment
of the above decision;

Action brought on 16 June 2006 — Lesniak v Commission

(Case F-67/06)

(2006/C 178/81)

— Order the Commission of the European Communities to

pay the costs.

Language of the case: French

Pleas in law and main arguments

The applicant, a successful candidate in the internal competi-
tion for change of category COM/PC/04, was a member of the
Commission's temporary staff in Grade C*2 (former grade C5)
at the time of her inclusion on the list of suitable candidates of
that competition and until 31 July 2004. Subsequently, she
worked as a temporary employee at the same institution until
1 November 2004, the date on which she was again recruited
as a member of the temporary staff and classified in Grade C*1,
without the benefit of the secretarial allowance which she had
received under the previous contract. On 16 April 2005, she
was appointed as a probationary official, with that same classi-
fication.

Parties

Applicant: Christophe Lesniak (Brussels, Belgium) (represented
by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

C 178/44

EN

Official Journal of the European Union

29.7.2006

Form of order sought

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

tions is unlawful;

— annul the decision of 8 August 2005 appointing the appli-
cant as an official of the European Communities, inasmuch
as it fixes his classification at Grade A*6, step 2, and the
taking effect of his seniority in step at 1 September 2005;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

the applicant, at the time a member of the temporary staff in
Grade A6 (now A*10), was recruited as an official after the
entry into force of the new Staff Regulations and classified in
Grade A*6.

the applicant maintains

In addition to raising pleas very similar to those raised in Case
F-12/06 (1),
the Commission
should have awarded him the same classification which he
enjoyed as a member of the temporary staff in accordance with
Article 5(4) of Annex XIII to the Staff Regulations. According
to the applicant, that provision should also apply to successful
candidates in open competitions.

that

As a successful candidate in competition PE/99/A, the notice of
which had been published under the former Staff Regulations,

(1) OJ C 86, 8.4.2006, p. 48.