Case F-88/05: Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2006 — Kubanksi v Commission of the European Communities (Temporary staff — Article 5(3)(a) of the Staff Regulations — Article 82(2) of the Conditions of employment of other servants of the European Communities — Withdrawal of the decision to employ the applicant as a member of the temporary staff in grade B*4 — Level of qualifications required to be employed in grade B* — New contract staff contract)
Date: 2006-12-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, personnel administration, servant (EU)

30.12.2006

EN

Official Journal of the European Union

C 331/47

Judgment of the Civil Service Tribunal (Second Chamber)
of 14 December 2006 — Kubanksi v Commission of the
European Communities

Judgment of the Civil Service Tribunal (Second Chamber)
of 14 December 2006 — Ioannis Economidis v Commis-
sion.

(Case F-88/05) (1)

(Case F-122/05) (1)

(Temporary staff — Article 5(3)(a) of the Staff Regulations
— Article 82(2) of the Conditions of employment of other
servants of the European Communities — Withdrawal of the
decision to employ the applicant as a member of the temporary
staff in grade B*4 — Level of qualifications required to be
employed in grade B* — New contract staff contract)

(2006/C 331/104)

Language of the case: Italian

(Officials — Appointment — Post of Head of Unit — Rejec-
tion of applicant's candidature — Manifest error of assess-
ment)

(2006/C 331/105)

Language of the case: French

Parties

Parties

Applicant: Gabrielle Kubanksi (Leggiuno, Italy) (represented by:
M. Condinanzi and D. Bono, lawyers)

Applicant:
Ioannis Economidis
(represented by: S. Orlandi, A. Coolen,
Marchal, lawyers)

(Woluwé-St-Étienne, Belgium)
J.-N. Louis and E.

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

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

Re:

Re:

Annulment of the Commission's decision revoking the decision
to employ the applicant as a member of the temporary staff in
grade B*4

Annulment of the decisions of the Commission rejecting the
applicant's candidature for the post of Head of Unit RTD.F.5 —
Biotechnology and applied genomics and appointing Mr H. to
that post.

Operative part of the judgment

The Tribunal:

Operative part of the judgment

1. annuls the decision of the Commission of the European Commu-
nities of 16 December 2004 terminating the temporary staff
contract signed on 4 October 2004 by Ms Kubanski;

The Tribunal:

2. dismisses the action as to the remainder;

3. orders the Commission of the European Communities to pay the

costs.

1. annuls of the decision of the Commission of the European Commu-
nities of 23 December 2004 appointing Mr H. to the post of
Head of Unit of Biotechnology and applied genomics unit and,
consequently, rejecting the applicant's candidature for that post;

2. orders the Commission of the European Communities to pay the

costs.

(1) OJ C 280, 12.11.2005, p. 20 (case initially registered before the
Court of First Instance of the European Communities under number
T-353/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

(1) OJ C 60, 11.3.2006.