Case F-77/05: Judgment of the Civil Service Tribunal (Second Chamber) of 30 November 2006 — Balabanis and Le Dour (Officials — Promotion — Article 45 of the Staff Regulations — Amendment to the Staff Regulations — Temporal application — 2004 promotion procedure — Non-inclusion in the list of officials eligible for promotion — Taking into account the probationary period when calculating the minimum length of service of two years )
Date: 2006-12-30
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, promotion, regulations for civil servants, staff assessment

C 331/46

EN

Official Journal of the European Union

30.12.2006

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

Judgment of the Civil Service Tribunal (Second Chamber)
of 30 November 2006 — Balabanis and Le Dour

(Case F-74/05) (1)

(Case F-77/05) (1)

(Officials — Appraisal — Career Development Report —
2003 appraisal procedure — Obligation to state reasons for
report — Annulment of the report — Claim for damages)

(2006/C 331/102)

Language of the case: French

(Officials — Promotion — Article 45 of the Staff Regulations
— Amendment to the Staff Regulations — Temporal applica-
tion — 2004 promotion procedure — Non-inclusion in the list
of officials eligible for promotion — Taking into account the
probationary period when calculating the minimum length of
service of two years )

(2006/C 331/103)

Language of the case: French

Parties

Parties

Applicant: Maurizio Caldarone (Brussels, Belgium) (represented
by: S. Rodrigues and A. Jaume, lawyers)

Applicants: Panagiotis Balabanis (Brussels, Belgium), Olivier Le
Dour (Brussels, Belgium)
(represented by: X. Martin M., S.
Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and K. Herrmann, Agents)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Annulment of the applicant's Career Development Report for
the 2003 appraisal procedure

Re:

Annulment of the Commission's decision not to include the
applicants' names in the list of officials eligible for promotion in
the 2004 procedure and of the decisions not to promote them
in that procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decision adopting Mr Caldarone's Career Development

Report for the period from 1 January to 21 August 2003;

2. Dismisses the remainder of the application;

Operative part of the judgment

The Tribunal:

1. Annuls the decision of 14 September 2004 in which the Commis-
sion of the European Communities refused to consider Messrs Bala-
banis and Le Dour eligible for promotion in the 2004 promotion
procedure.

2. Annuls the decision of 30 November 2004 in which the Commis-
sion of the European Communities did not promote Messrs Bala-
banis and Le Dour in the 2004 promotion procedure.

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

costs.

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

costs.

(1) OJ C 229, 17.9.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-293/
05 and transferred to the Civil Service Tribunal of the European
Communities by order of 15.12.2005).

(1) OJ C 271 of 29.10.2005, p. 20 (case initially registered before the
Court of First Instance of the European Communities under number
T-305/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).