Case F-141/06: Action brought on 11 December 2006 — Hartwig v Commission and Parliament
Date: 2007-01-27
Institutions: Civil Service Tribunal
Subjects: European Commission, European Parliament, European official, action by staff, appointment of staff, reassignment, servant (EU), staff regulations (EU)

C 20/40

EN

Official Journal of the European Union

27.1.2007

Form of order sought

The Tribunal is asked to:

— Annul the decision of the Commission to approve the appli-
cant a probationary official with effect from 1 April 2006
inasmuch as that decision fixes his grade and step as A*6/2
and does not take into account the points he accumulated
as a ‘research’ temporary agent;

— Order the defendant to pay the costs.

Pleas in law and main arguments

On 16 January 2004, the applicant entered the service of the
Commission as a ‘research’ temporary agent in Grade A7. As a
successful
in Open Competition COM/A/3/02
published on 25 July 2002 to constitute a reserve list for the
recruitment of administrators in career bracket A7/A6, he was
appointed a probationary official in Grade A*6.

candidate

In view of the undertaking made by the Commission to extend
the effects of possible annulment in pending cases concerning
Article 12 of Annex XIII to the Staff Regulations, the applicant
confines himself to relying on breach of the principle of equal
treatment and non-discrimination in relation to former collea-
gues, also ‘research’ temporary agents, who had been successful
in internal competitions and, when established as officials,
retained their grade and accumulated points.

The applicant further asserts in so far as is necessary, that
Article 5(4) of Annex XIII to the Staff Regulations is unlawful,
to the extent that it fails to comply with the above-mentioned
principle and the principle of proportionality.

12 April 2006 and of 27 March 2006 respectively,
concerning a transfer from the status of a member of
temporary staff to the status of official;

— Order the defendants to pay the costs.

Pleas in law and main arguments

the
The applicant, after working for a number of years at
Commission as a member of temporary staff in Grade B*7,
passed open competition PE/34/B of the European Parliament
(Grade B5/B4). Subsequently, he was appointed as a proba-
tionary official
in Grade B*3 by the latter institution, which
immediately transferred him to the Commission, where he was
classified in that same grade.

In support of his action, the applicant pleads infringement of
Articles 31 and 62 of the Staff Regulations and Articles 5 and 2
of Annex XIII thereto.

The applicant pleads, moreover, breach of the principle of the
protection of
legitimate expectations and of the principle of
maintenance of rights acquired.

Action brought on 28 December 2006 — Bligny v
Commission

(Case F-142/06)

(2007/C 20/62)

Language of the case: French

Action brought on 11 December 2006 — Hartwig v
Commission and Parliament

Parties

(Case F-141/06)

(2007/C 20/61)

Applicant: Francesco Bligny (Tassin-la-Demi-Lune, France) (repre-
sented by: P. Lebel-Nourissat, avocat)

Language of the case: French

Defendant: Commission of the European Communities

Parties

Applicant: Marc Hartwig (Brussels, Belgium) (represented by: T.
Bontinck, lawyer)

Defendant: Commission of the European Communities and Euro-
pean Parliament

Form of order sought

— annul the individual decisions of the Commission of the
European Communities and of the European Parliament of

Form of order sought

— annul the decision of the selection board for competition
EPSO/AD/06/05 of 7 December 2006 and that of
23 November 2006, refusing to admit the applicant to the
competition and therefore to correct his written test;

— find that the application form published on 15 May 2006
the
on the EPSO internet site for use by candidates of
competition was improper;

— order the defendant to pay to the applicant the sum of

EUR 5 000 in compensation for his loss;

— Order the defendant to pay the costs.