Case F-125/05: Judgment of the Civil Service Tribunal (Second Chamber) of 1 February 2007 — Tsarnavas v Commission (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)
Date: 2007-03-10
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, damages, regulations for civil servants

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)