Case T-182/04: Judgment of the Court of First Instance of 10 October 2006 — Van der Spree v Commission (Officials — Career Development Report — 2001/2002 appraisal period — Articles 26 and 43 of the Staff Regulations — Rights of the defence — Annulment )
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), professional career, regulations for civil servants, report, staff assessment

C 310/12

EN

Official Journal of the European Union

16.12.2006

Defendant: European Parliament
Hertzen, A. Bencomo Weber and A. Lukosiute, Agents)

(represented by: H. von

Judgment of the Court of First Instance of 25 October
2006 — Carius v Commission

Re:

In Case T-432/03, application for annulment of the European
Parliament's decision to organise an internal competition to fill
the post of deputy head of the French translation division
advertised in vacancy notice No 9192 and, in Case T-95/05,
application for annulment of the Parliament's decision of 29
April 2004 appointing M.S. to that post.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders each party to bear its own costs.

(1) OJ C 47, 21.2.2004.

Judgment of the Court of First Instance of 10 October
2006 — Arranz Benitez v Parliament

(Case T-87/04) (1)

(Officials — Remuneration — Actual shared maintenance of
the children following the divorce of two officials — Taken
into consideration in order to calculate the tax allowance)

(2006/C 310/21)

Language of the case: French

Parties

Applicant: Milagros Irène Arranz Benitez (Brussels, Belgium)
(represented by: S. Orlandi, A. Coolen,
J.-N. Louis and E.
Marchal, lawyers)

Defendant: European Parliament (represented by: M. Mustapha-
Pascha and L. Knudsen, Agents)

Re:

Annulment of the Parliament's decision of 15 April 2003 in so
far as that decision alters, as from 1 May 2003, the applicant's
right to the tax allowance in respect of dependent children.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(Case T-173/04) (1)

(Officials — Career Development Report — 2001/2002
appraisal procedure — Action for annulment — Plea of illeg-
ality — Rights of the defence — Obligation to state reasons
— Manifest error of assessment)

(2006/C 310/22)

Language of the case: French

Parties

Applicant: Jürgen Carius (Brussels, Belgium) (represented by: N.
Lhoëst, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and M. Velardo, Agents)

Re:

Application for annulment of the decision of 21 May 2003
drawing up the definitive version of the applicant's Career
Development Report
for the period from 1 July 2001 to
31 December 2002 and, so far as necessary, of the decision of
23 December 2003 rejecting the applicant's complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 179, 10.7.2004.

Judgment of the Court of First Instance of 10 October
2006 — Van der Spree v Commission

(Case T-182/04) (1)

(Officials — Career Development Report — 2001/2002
appraisal period — Articles 26 and 43 of the Staff Regula-
tions — Rights of the defence — Annulment )

(2006/C 310/23)

Language of the case: French

(1) OJ C 106, 30.4.2004.

Parties

Applicant: Daniel Van der Spree (Overijse, Belgium) (represented
by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

16.12.2006

EN

Official Journal of the European Union

C 310/13

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Krämer, Agents)

2. Orders each party to bear its own costs.

Re:

(1) OJ C 262, 23.10.2004.

Annulment of the decision of 25 June 2003 drawing up the
definitive version of the applicant's Career Development Report
for the period from 1 July 2001 to 31 December 2002.

Operative part of the judgment

The Court:

1. Annuls the decision of 25 June 2003 drawing up the definitive
version of Daniel Van der Spree's Career Development Report for
the period from 1 July 2001 to 31 December 2002;

2. Orders the Commission to pay the costs.

(1) OJ C 179, 10.7.2004.

Judgment of the Court of First Instance of 19 October
2006 — Buendía Sierra v Commission

(Case T-311/04) (1)

(Officials — Promotion — 2003 promotion procedure —
Allocation of priority points)

(2006/C 310/25)

Language of the case: French

Judgment of the Court of First Instance of 25 October
2006 — Staboli v Commission

Parties

(Case T-281/04) (1)

Applicant: José Luis Buendía Sierra (Brussels, Belgium) (repre-
sented by: M. van der Woude and V. Landes, lawyers)

(Staff case — Pursuit of an outside activity — Participation
in conferences as a speaker — Agreement — Application for
the grant of special leave for training purposes — Refusal)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents, assisted by D.
Waelbroeck, lawyer)

(2006/C 310/24)

Language of the case: French

Parties

Applicant: Paola Staboli (Brussels, Belgium) (represented by: L.
Vogel, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Tserepa-Lacombe, Agents)

Re:

Application for annulment of the Commission's decisions of 12
March and 6 April 2004 rejecting her complaint brought
against the decision of 9 May 2003, in so far as the institution
refused to grant her special
leave for training purposes to
enable her to pursue an outside activity, which was moreover
authorised by that decision, and, so far as necessary, annulment
of the abovementioned decision of 9 May 2003.

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Annulment:

— of the decision of the Director General of the Commission's
legal
service to allocate only one Directorate General
priority point to the applicant under the 2003 promotion
procedure, communicated on 2 July 2003, confirmed by a
the Appointing Authority, notified on 16
decision of
December 2003;

— of the Appointing Authority's decision not to allocate any
special priority points for additional activities in the inter-
ests of the institution to the applicant under the 2003
promotion procedure, notified by means of the Sysper 2
system on 16 December 2003;

— of the following decisions: the Appointing Authority's deci-
sion to allocate a total of 20 points to the applicant under
the 2003 promotion procedure; the merit list of Grade A5
officials under the 2003 procedure, published in Administra-
tive Notice No 69-2003 of 13 November 2003; the list of
officials promoted to Grade A4 under the 2003 procedure,
published in Administrative Notice No 73-2003 of 27
November 2003; in any event, the decision not to include
the applicant's name on those lists;