Case F-124/06: Action brought on 31 October 2006 — Molina Solano v Europol
Date: 2007-01-27
Institutions: Civil Service Tribunal
Subjects: Europol, action by staff, equal treatment, promotion, servant (EU), staff regulations (EU)

C 20/38

EN

Official Journal of the European Union

27.1.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 31 October 2006 — Molina Solano v
Europol

Action brought on 30 November 2006 — Reali v
Commission

(Case F-124/06)

(2007/C 20/57)

(Case F-136/06)

(2007/C 20/58)

Language of the case: Dutch

Language of the case: English

Parties

Parties

Applicant: Beatriz Molina Solano (Rijswijk, Netherlands) (repre-
sented by: D.C. Coppens, lawyer)

Applicant: Enzo Reali
Pappas, Lawyer)

(Sofia, Bulgaria)

(represented by: S. A.

Defendant: European Police Office (Europol)

Defendant: Commission of the European Communities

Form of order sought

The Tribunal is asked to:

— annul the decision taken on the applicant's complaint by
Europol on 1 August 2006 and Europol's initial decision of
27 January 2006;

— order Europol to award the applicant an incremental point

with effect from 1 January 2005;

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Decision of the authority authorised to conclude
contracts of employment dated 30 August 2006 in response
to the complaint lodged on 7 July 2006 by Mr Enzo Reali;

— Order the defendant to pay the costs.

— order Europol to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Following a complaint, Europol awarded the applicant one of
the incremental points referred to in paragraph 2 of Article 29
of the Europol Staff Regulations with effect from 1 July 2005.
In her action, the applicant asks that that incremental point
should be awarded to her with effect from 1 January 2005. In
support of her claims, she asserts that, according to the policy
for managing incremental points which Europol was applying at
the time of the facts at issue, the mark which she had obtained
gave her the right to a step with effect from 1 January 2005. In
denying her this benefit, which had been accorded to other
agents who had received comparable marks, Europol was in
breach of the principle of equal treatment. The applicant relies
in addition on breach of the principles of legal certainty and
impartiality, and the prohibition on acting arbitrarily.

The applicant is a contractual agent classified in Fonction Group
IV, grade 14. He claims that he should have been classified in
grade 16, because in the calculation of his professional experi-
ence the Commission should have considered his degree (Laurea
in Scienze Agrarie) as a Bachelor Degree plus a Master.

In support of his action, the applicant pleads that:

— The Commission breached Directive 89/48/EEC (1),

as
amended by Directive 2001/19/EC (2), and the principle of
subsidiarity, by refusing to recognise that the Applicant's
degree is equivalent to a ‘Bachelor Degree plus a Master’
even though the equivalence had previously been clearly
recognised at national level by his University;

— The Commission breached the principle of non-discrimina-
tion by unduly refusing to count the Applicant's Master as a
year of professional experience;

— The attacked decision is illegal due to a manifest error of
assessment in the calculation of the professional experience
of the Applicant and to a lack of motivation;