Case F-70/06: Action brought on 26 June 2006 — Baele and Others v Commission
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, personnel administration, promotion, regulations for civil servants

C 190/36

EN

Official Journal of the European Union

12.8.2006

Form of order sought

— annul

the individual decisions rejecting the applicants'
requests that the Appointing Authority adopt transitional
measures in order to ensure, in the context of the 2005
and subsequent promotion exercises, equal treatment and
their acquired rights;

or to grade B*10, as appropriate, on their next promotion
and (2) order it to pay compensation for the loss suffered
by the applicants as a result of not having been promoted
to grade A*10 from 1 March 2005 or to grade B*10 from
1 January 2005, as appropriate;

— Order the defendant to pay the costs.

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of their action, the applicants put forward pleas
identical to those put forward in Case F-45/06 (1).

In support of their action, the applicants put forward identical
pleas to those put forward in Case F-47/06 (1).

(1) OJ C 143, 17.06.2006, p. 39.

(1) OJ C 154, 1.07.2006, p. 25.

Action brought on 26 June 2006 — Baele and Others v
Commission

(Case F-70/06)

(2006/C 190/67)

Language of the case: French

Parties

Action brought on 26 June 2006 — Lebedef-Caponi v
Commission

(Case F-71/06)

(2006/C 190/68)

Language of the case: French

Parties

Applicant: Maddalena Lebedef-Caponi
bourg) (represented by: F. Frabetti, lawyer)

(Senningerberg, Luxem-

Applicants:
sented by: S. Rodrigues and A. Jaume, lawyers)

Jan Baele (Beernem, Belgium) and others (repre-

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul the refusal of the Appointing Authority to enter the
applicants on the list of officials promoted to grades A*10
and B*10 under the 2005 promotion exercise such as those
decisions implicitly result from Administrative Notice No
85-2005 of 23 November 2005;

— Inform the Appointing Authority of the consequences of
annulling the contested decisions, and in particular the
reclassification of the applicants' grades to grade A*10 with
retroactive effect from 1 March 2005 or to grade B*10
with retroactive effect from 1 January 2005, as appropriate;

— In the alternative: (1) request the defendant to acknowledge
that the applicants are eligible for promotion to grade A*10

— Annul the applicant's Career Development Report (CDR)

for the period 1.1.2004 — 31.12.2004

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

In support of her action, the applicant puts forward three pleas
alleging:

— (1)

infringement of

the General provisions for

imple-
menting Article 43 of the Staff Regulations on the statutory
and trade union staff-representatives,
infringement of the
principle of the protection of legitimate expectations and of
the rule ‘patere legem quam ipse fecisti’,