Case F-93/06: Action brought on 16 August 2006 — Dethomas v Commission
Date: 2006-09-30
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, servant (EU), staff assessment

C 237/22

EN

Official Journal of the European Union

30.9.2006

Next, the applicant claims infringement of Articles 4 and 8 of
the Belgian Royal Decree of 5 November 2002 establishing an
immediate declaration of employment (3).

notice COM/229/04 for the recruitment of the Head of the
Commission Delegation to Morocco (1). His application being
successful, he was appointed a probationary official in Grade
A*14, step 2.

Finally, the applicant relies on infringement of the duty to have
regard for the welfare of officials.

(1) Moniteur belge of 31 December 1991, p. 29888.
(2) Directive 2004/38/EC of

the European Parliament and of

the
Council of 29 April 2004 on the right of citizens of the Union and
their family members to move and reside freely within the territory
of the Member States amending Regulation (EEC) No 1612/68 and
repealing Directives
72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and
93/96/EEC (OJ L 158, p. 77).

68/360/EEC,

64/221/EEC,

(3) Moniteur belge of 20 November 2002, p. 51778.

In his application,
the applicant claims that, since he was
appointed an official in the same Grade immediately following
his period of service as a member of the temporary staff, the
Commission should have appointed him, under the third para-
graph of Article 32 of the Staff Regulations, in grade A*14,
step 8. By refusing him the benefit of that provision,
the
Commission made a manifest error of law.

(1) OJ C 246 A, 5.10.2004, p. 1.

Action brought on 16 August 2006 — Dethomas v
Commission

Action brought on 11 August 2006 — F v Commission

(Case F-93/06)

(2006/C 237/38)

(Case F-94/06)

(2006/C 237/39)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant: Bruno Dethomas (Rabat, Morocco) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Applicant: F (Brussels, Belgium) (represented by: J. Van Rossum,
S. Orlandi and J.-N. Louis, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

Form of order sought

— Annul

the Commission decision of 11 January 2006
appointing the applicant a probationary official of the Euro-
pean Communities, as Head of the Commission delegation
to Morocco in the Directorate-General for External Rela-
tions, in so far as it classifies him in Grade A*14, step 2;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant claims that the Tribunal should:

— Annul the decision of the Director of DG ADMIN/C ‘Social
welfare policy, Luxembourg staff, health, safety’ of 23
February 2006 to retire the applicant and to award him an
invalidity allowance fixed in accordance with the provisions
of the second paragraph of Article 78 of the Staff Regula-
tions, with retrospective effect from 1 February 2002;

— Order the defendant to pay the applicant a sum assessed on

equitable principles at EUR 15 000;

While he was a member of the temporary staff in Grade A*14,
step 8, the applicant applied for the post advertised in vacancy

— Order the defendant to pay the costs.