Case F-78/06: Action brought on 20 July 2006 — Simona Suhadolnik v Court of Justice of the European Communities
Date: 2006-09-30
Institutions: Civil Service Tribunal
Subjects: Court of Justice of the European Union, action by staff, appointment of staff, assistant, competition (EU), staff assessment

30.9.2006

EN

Official Journal of the European Union

C 237/17

Action brought on 20 July 2006 — Simona Suhadolnik v
Court of Justice of the European Communities

(Case F-78/06)

(2006/C 237/29)

Language of the case: French

Parties

Applicant: Simona Suhadolnik (Howald, Luxembourg)
sented by: S. Rodrigues, A.
lawyers)

(repre-
Jaume and C. Bernard-Glanz,

Defendant: Court of Justice of the European Communities

Form of order sought

As regards her classification in grade, the applicant pleads prin-
cipally that Article 12(3) of Annex XIII to the Staff Regulations,
which governs the status of officials who have been included
on a list of suitable candidates, does not apply to successful
competition candidates, as they cannot be considered as offi-
cials.

In the alternative, the applicant submits a plea of illegality in
relation to Article 12(3) of Annex XIII to the Staff Regulations
on the grounds, in particular, that this provision infringes: (i)
the principle of non-discrimination,
the principle of
freedom of movement for workers, (iii) the principles of protec-
tion of legitimate expectations and legal certainty, (iv) the prin-
ciple of proportionality, (v) the principle of good administra-
tion and the duty to have regard for the welfare of officials, (vi)
Article 31 of the Staff Regulations, and (vii) Article 10 of the
Staff Regulations.

(ii)

As regards her classification in step, the applicant considers
that the appointing authority breached its duty to protect her
legitimate expectation that she would be granted a step bonus,
as a result of her professional experience, under the version of
Article 32 of the Staff Regulations in force before 1 May 2004.

— annul the decision of the appointing authority of the Court

of Justice refusing the applicant's complaint;

(1) OJ C 120, 22.5.2003, p. 30.

— annul the decision to establish the applicant of 22 July
2005 insofar as it determines her grade pursuant to Article
12(3) of Annex XIII of the Staff Regulations, and determines
her step in accordance with the new version of Article 32
of the Staff Regulations;

— reclassify the applicant in grade C*3, or, at least, in grade
C*2, as well as at the step corresponding to her qualifica-
tions and professional experience, which she would have
been granted if she had been appointed before 1 May
2004, with retroactive effect from the date on which she
took up her duties;

— order

the defendant

for
damage suffered (default interest, damage to her career,
pension rights etc.);

to compensate the applicant

Action brought on 24 July 2006 — Caló v Commission

(Case F-79/06)

(2006/C 237/30)

Language of the case: French

— order the defendant to pay default interest, from the date of

the decision to be adopted;

Parties

— order the defendant to pay the costs.

Pleas in law and main arguments

By the appointing authority's decision of 22 July 2005, the
applicant, who was a successful candidate in open competition
EPSO/C/9/03 held for the purpose of constituting a reserve list
for the recruitment of Cypriot, Czech, Estonian, Hungarian,
Lithuanian, Latvian, Maltese, Polish, Slovene and Slovak typists
(C5/C4),1 was appointed as an official of the European Com-
munity and classified at grade C*1, step (1).

In her application, the applicant takes issue with her classifica-
tion and calls into question first, Article 12(3) of Annex XIII to
the Staff Regulations, on which the appointing authority relied
in determining her grade, and, second, the new version of
Article 32 of the Staff Regulations, on which the appointing
authority relied to determine her step.

Applicant: Giuseppe Caló (Luxembourg, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of the decisions of the Director-General of DG
Eurostat providing for, first, the reorganisation of that DG
by way of acts changing the duties assigned to directors
and, second, the rejection of the applicant's request to be
appointed to one of the vacant posts of director, or one
that might become vacant.

— An order that the defendant should pay the costs.