Case F-75/06: Action brought on 17 July 2006 — Lofaro v Commission
Date: 2006-09-02
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, probationary period, servant (EU), staff assessment, work contract

C 212/48

EN

Official Journal of the European Union

2.9.2006

Order of the Civil Service Tribunal (Second Chamber) of
13 July 2006 — E v Commission

Form of order sought

(Case F-5/06) (1)

(Officials — Lawfulness of internal procedures — Allegedly
wrongful conduct of officials in the context of disciplinary
proceedings and of a procedure for recognition of the occupa-
tional nature of a disease — Compensation for damage —
Admissibility — Interest in bringing proceedings — Confir-
matory act)

(2006/C 212/84)

Language of the case: French

Parties

Applicant: E (London, United Kingdom)
Rodrigues and Y. Minatchy, lawyers)

(represented by: S.

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and V. Joris, Agents)

Re:

Annulment of
the Appointing Authority's decision of 4
October 2005 dismissing the applicant's complaint concerning
the checking of the lawfulness of disciplinary proceedings and
of a procedure for recognition of the applicant's occupational
disease, and a claim for damages.

Operative part of the order

1. The action is dismissed as clearly inadmissible.

2. The parties shall each bear their own costs.

(1) OJ C 74, 25.3.2006.

— Annul the decision of the authority authorised to conclude
contracts of employment (AACC) dated 22 March 2006;

— Order the AACC to engage the applicant in function group

IV, grade 16;

— Declare that the applicant must be granted an adequate

sum by way of damages.

Pleas in law and main arguments

The applicant, a former member of the so-called local technical
assistance staff (ALAT), has been engaged as a member of the
contract staff and classified in function group IV, grade 14.

In his action, the applicant claims that the defendant made
inaccurate application of the relevant legislation, especially of
Article 82 (2) (c) of the Conditions of Employment of Other
Servants of the Communities (CEOS) and Article 2 of General
applicant
Implementation Provisions
submits
term
the
‘diploma’ contained in those articles is inaccurate and arbitrary.
In the calculation of his professional experience, the defendant
should have taken into consideration all the activities the appli-
cant carried out after obtaining his ‘kandidaatsdiploma’.

(GIP) 49-2004. The
interpretation of

the defendant's

that

The applicant further claims that, even if he used to be a
member of ALAT before his engagement as a member of
contract staff, the principle laid down in Article 86 of the
CEOS should be applied to his case. According to that prin-
ciple, where an agent moves to a new post within a function
group, he shall not be classified in a lower grade or step than
in his former post.

Action brought on 17 July 2006 — Lofaro v Commission

(Case F-75/06)

(2006/C 212/86)

Language of the case: French

Action brought on 22 June 2006 — Bakema v Commission

(Case F-68/06)

(2006/C 212/85)

Language of the case: English

Parties

Applicant: Alessandro Lofaro (Brussels, Belgium)
by: J.-L. Laffineur, lawyer)

(represented

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant: Reint
(represented by: L. Rijpkema, lawyer)

Jacob Bakema (Zuidlaren,

the Netherlands)

Defendant: Commission of the European Communities

— annul the decision of 28 September 2005 to dismiss the
applicant at the end of his probationary period and the
report at the expiry of the probationary period on which
that decision was based;

2.9.2006

EN

Official Journal of the European Union

C 212/49

— so far as necessary, annul the decision of the authority
empowered to conclude contracts of employment (AECE)
of 31 March 2005 rejecting the applicant's complaint;

In addition, according to the applicant, the defendant infringed
the general principles which safeguard the right to dignity and
to a defence and made superfluous critical comments.

— order the defendant to pay the applicant, as compensation
for the loss suffered, damages assessed on equitable grounds
at EUR 85 473 for material loss and EUR 50 000 for non-
material loss, such amounts to be increased or reduced as
appropriate during the proceedings;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

formerly a member of

The applicant,
the Commission's
temporary staff, was taken on from 16 September 2004 until
15 September 2009 under a contract which provided for a
probationary period of 6 months, in accordance with Article
14 of
the Conditions of Employment of Other Servants.
Following an initial negative evaluation report, an extension of
the probationary period by six months and a second negative
evaluation report, the defendant terminated that contract.

In his application, the applicant submits that the defendant
made manifest errors of assessment, in so far as, first, it used
facts as a basis or misinterpreted the facts and,
incorrect
second,
it blamed the applicant for problems for which he
could not be held responsible.

The applicant finally argues that, by not completing the evalua-
tion report at the latest one month before the expiry of the
probationary period, the defendant infringed Article 14 of the
Conditions of Employment of Other Servants.

Order of the Civil Service Tribunal of 13 July 2006 —
Lacombe v Council

(Case F-9/05) (1)

(2006/C 212/87)

Language of the case: French

The President of the Tribunal sitting in full court has ordered
that the case be removed from the register.

(1) OJ C 115 of 14.05.2005. (case initially registered before the Court
the European Communities under number
of First
T-116/05 and transferred to the Civil Service Tribunal of the Euro-
pean Communities by order of 15.12.2005).

Instance of