Case F-142/06 R: Order of the President of the Civil Service Tribunal of 1 February 2007 — Bligny v Commission (Interim measures — Application for suspension of operation — Application for provisional measures — Urgency — None)
Date: 2007-03-10
Institutions: Civil Service Tribunal
Subjects: EPSO, European Commission, European citizenship, action for annulment (EU), competition (EU), official document

10.3.2007

EN

Official Journal of the European Union

C 56/41

Judgment of the Civil Service Tribunal (Second Chamber)
of 1 February 2007 — Tsarnavas v Commission

Judgment of the Civil Service Tribunal of 25 January 2007
— de Albuquerque v Commission

(Case F-125/05) (1)

(Case F-55/06) (1)

(Officials — Promotion — Consideration of comparative
merits of officials in different services — Application for
damages — Admissibility — Reasonable period — Lawyers'
fees — Pre-litigation procedure — Non-material harm)

(Officials — Reassignment — Article 7(1) of the Staff Regu-
lations — Manifest error of assessment — Principle of equal
treatment — Abuse of power — Interest of the service)

(2007/C 56/77)

Language of the case: French

(2007/C 56/76)

Language of the case: French

Parties

Applicant: Augusto
Belgium) (represented by: C. Mourato, lawyer)

de Albuquerque

(Woluwé-St-Étienne,

Parties

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

Applicant: Vassilios Tsarnavas (Athens, Greece) (represented by:
N. Lhoëst, lawyer)

Re:

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

the decision of

Annulment of
the Appointing Authority of
2 February 2006 dismissing the claim brought by the applicant
against the decision of 23 September 2005 of the Director-
General of DG INFSO to transfer the applicant in the interest of
the service as head of unit INFSO.G.2 ‘Micro and nanosystems’.

Re:

The applicant is seeking, first, annulment of the Commission
decisions of 1 April 2005 and 7 October 2005, dismissing its
applications for damages in respect of the material and non-
material harm suffered under the 1998 and 1999 promotion
procedures and, secondly, an order that the defendant is to pay
damages valued on an equitable basis at EUR 72 000 in respect
of the material and non-material harm suffered.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the parties to bear their own costs.

(1) OJ C 154 of 1.7.2006, p. 28.

Operative part of the judgment

The Tribunal:

1. orders the Commission of the European Communities to pay Mr
Tsarnavas EUR 3 000 by way of compensation for the non-mate-
rial harm;

Order of the President of the Civil Service Tribunal of 1
February 2007 — Bligny v Commission

(Case F-142/06 R)

2. dismisses the remainder of the action;

(Interim measures — Application for suspension of operation
— Application for provisional measures — Urgency — None)

3. orders the Commission of the European Communities to bear its
incurred by

third of

costs

the

own costs and to pay one
Mr Tsarnavas;

(2007/C 56/78)

Language of the case: French

4. orders Mr Tsarnavas to bear two thirds of his own costs.

Parties

(1) OJ C 60, 11.3.2006, p. 54.

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

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

C 56/42

EN

Official Journal of the European Union

10.3.2007

Re:

suspend the decisions of

First,
selection board of
23 November and 7 December 2006 refusing to admit the
applicant to Open Competition EPSO/AD/26/05 and secondly,
as a provisional measure, order the marking of his written test
in that competition.

the

Operative part of the order

1. The application for interim relief is dismissed.

2. Costs are reserved.

Action brought on 22 December 2006 — Pascual García v
Commission

(Case F-145/06)

(2007/C 56/79)

Language of the case: French

Parties

Applicant: César Pascual García (Madrid, Spain) (represented by:
B. Cortese and C. Cortese, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annul the decision of 7 April 2006 of the Director General
of the Joint Research Centre (JRC) of the Commission of the
applicant on
European Communities, notified to the
17 April 2006, in so far as it did not take his application
into consideration for the post relating to notice of vacancy
COM/2005/2969 — B/3/B*11 — JRC.I.04 — IHCP —
Ispra, and added a comment in the reserve list of competi-
tion EPSO/B/23/04 (1), informing the Commission's depart-
ments that the applicant does not meet the conditions of
eligibility for that competition;

— If necessary, annul

the Commission's
the decision of
Appointing Authority of 22 September 2006, notified to
the applicant on 13 November 2006, rejecting his claim
No R/400/06;

— Order the defendant to pay the costs.

Pleas in law and main arguments

Director General of the JRC considered that he did not meet the
required conditions of eligibility for that competition.

In his action, the applicant argues that the contested decision:
(i) is vitiated by an abuse of procedure in that it unduly modi-
fied the assessment of his qualifications and experience done by
the selection board, without that board having committed a
manifest error of assessment; (ii) infringes the legal framework
imposed by the notice of competition; (iii) is vitiated by a mani-
fest error of assessment and a serious failure to state reasons
due to its illogical nature;
infringes the principle of the
protection of legitimate expectations.

(iv)

In the alternative, according to the applicant, the contested deci-
sion infringes the principle of equal treatment. Since the provi-
sions of the notice of competition infringe that principle,
it
must be declared unlawful for the purposes of Article 241 EC.

(1) Notice of open competition EPSO/B/23/04 to constitute a reserve
pool of laboratory technicians (B 5/B 4) in technical and research
fields (OJ C 81A of 31 March 2004, p. 17).

Action brought on 11 December 2006 — Speiser v Parlia-
ment

(Case F-146/06)

(2007/C 56/80)

Language of the case: German

Parties

Applicant: Michael Alexander Speiser (Neu-Isenburg, Germany)
(represented by: F. Theumer)

Defendant: European Parliament

Form of order sought

— Annul

the defendant's decision of 11 September 2006
(No 115521) dismissing the applicant's complaint of 31
March 2006 pursuant to Article 90(2) of the Staff Regula-
tions in respect of payment of the expatriation allowance;

— Order the defendant to pay the applicant the expatriation
allowance pursuant to Article 4(1)(a) of Annex VII to the
Staff Regulations with retroactive effect from 3 October
2005;

The applicant, a successful candidate in general competition
recruited by the JRC because the
EPSO/B/23/04, was not

— Order the defendant to bear the costs of the proceedings.