Case F-59/05: Judgment of the Civil Service Tribunal (Second Chamber) of 19 October 2006 — De Smedt v Commission (Member of the contract staff — Request for reclassification of grade and reassessment of the remuneration set on recruitment — Former member of the auxiliary staff employed as a member of the contract staff without any change of functions — Articles 3a and 80(2) and (3) of the CEOS — Duties covered by the different function groups — Equal treatment)
Date: 2006-12-02
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, contract staff, pay, personnel administration

C 294/64

EN

Official Journal of the European Union

2.12.2006

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Plenary Forma-
tion) of 26 October 2006 — Landgren v European
Training Foundation

Judgment of the Civil Service Tribunal (Second Chamber)
of 19 October 2006 — De Smedt v Commission

(Case F-1/05) (1)

(Case F-59/05) (1)

(Member of the temporary staff — Contract of indeterminate
duration — Dismissal — Professional inadequacy — Duty to
state reasons — Manifest error of appraisal)

(2006/C 294/126)

Language of the case: French

(Member of the contract staff — Request for reclassification
of grade and reassessment of the remuneration set on recruit-
ment — Former member of the auxiliary staff employed as a
member of the contract staff without any change of functions
— Articles 3a and 80(2) and (3) of the CEOS — Duties
covered by the different function groups — Equal treatment)

(2006/C 294/127)

Language of the case: French

Parties

Claimant: Pia Landgren (Turin,
Lucas, lawyer)

Italy)

(represented by: M.-A.

Parties

Defendant: European Training Foundation (represented by: M.
Dunbar, Director, and G. Vandersanden, lawyer)

Re:

Annulment of the decision to dismiss the claimant and applica-
tion for damages.

Operative part of the judgment

The Tribunal:

1. sets aside the decision of the European Training Foundation of
25 June 2004 to revoke Ms Landgren's contract of indeterminate
duration as a member of the temporary staff;

2. enjoins the parties to forward to the Tribunal, within three months
of the date of delivery of this judgment, either the jointly agreed
amount of monetary compensation resulting from the illegality of
the decision of 25 June 2004 or, failing agreement on the matter,
the figures which they wish to submit in respect of that amount;

3. reserves the costs.

Applicant: Elisabeth De Smedt (Wezembeek-Oppem, Belgium)
(represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and G. Berscheid, acting as Agents)

Re:

First, annulment of the Commission's decision rejecting the
complaint submitted by the applicant, a former member of the
auxiliary staff, against the decision fixing her grade and remu-
neration as a contract staff member and, secondly, an applica-
tion for damages

Operative part of the judgment

1. The action is dismissed.

2. Each party shall bear its own costs.

(1) OJ C 182 of 23.7.2005, p. 39 (case originally registered before the
Court of First Instance of the European Communities under number
T-180/05 and transferred to the European Union Civil Service
Tribunal by order of 15.12.2005).

(1) OJ C 229, 17.9.2005, p. 29 (case initially registered before the
Court of First Instance of the European Communities under number
T-267/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).