Case F-4/07: Action brought on 19 January 2007 — Skoulidi v Commission
Date: 2007-03-10
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, Greece, action by staff, labour mobility

C 56/44

EN

Official Journal of the European Union

10.3.2007

applicant

infringement of
relies moreover on the
The
Article 110(4) of the Staff Regulations and Article 126 of the
Conditions of Employment of other Servants. It follows from
these provisions that regular consultations must
take place
between the administrations of the institutions and agencies,
with the participation of Staff Committees, in order to ensure a
uniform application of the Staff Regulations.

It is claimed that the contested decision also infringes the prin-
ciple of good management and sound administration.

In her action, the applicant considers that the Commission is
guilty of misconduct on a number of points, namely:

— failure to demonstrate the diligence required of every admin-

istration;

— failure to comply with the commitments resulting from the
exchange agreement which it itself concluded with the Greek
Government,
thereby infringing the applicant's legitimate
expectations and the general Community interest;

— inappropriate remarks about the applicant;

— discrimination against the applicant in relation to other offi-
cials who were made available to certain national adminis-
trations for a longer period.

Action brought on 19 January 2007 — Skoulidi v Commis-
sion

(Case F-4/07)

(2007/C 56/83)

Language of the case: French

Action brought on 21 January 2007 — Nijs v Court of
Auditors

(Case F-5/07)

(2007/C 56/84)

Language of the case: French

Parties

Applicant: Eleni-Eleftheria Skoulidi
sented by: G. Vandersanden)

(Brussels, Belgium)

(repre-

Parties

Defendant: Commission of the European Communities

Applicant: Bart Nijs (Bereldange, Belgium)
Rollinger, lawyer)

(represented by: F.

Forms of order sought

— Award the

compensation for non-pecuniary
applicant
damage suffered as a result of
the
Appointing Authority of 28 March 2006 refusing to allow
her to benefit under the exchange agreement concluded
between the Commission and the Greek Government;

the decision of

— Assess that damage on equitable principles at EUR 200 000;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, after having been made available to the Greek
Ministry of National Education and Religious Affairs for eight
months, applied to be able to benefit under the Scheme of
Exchanges of officials between the Commission and the Member
States in order to complete the tasks she had performed during
that period. After having obtained the agreement of a number
of Commission departments and the Greek Government, the
applicant received a negative decision from her institution, on
the grounds that the exchange was contrary to the applicable
provisions governing the making available of officials.

Defendant: European Court of Auditors

Form of order sought

— annul the Appointing Authority's decision to appoint the

applicant's superior to his current post;

— annul the result, so far as it concerns the applicant, of
competition CC/LA/1/99 and all connected and/or subse-
quent decisions;

— annul the decision of the polling office of the Court Audi-
tors to reject the applicant's challenge to the ballot of 2, 3,
and 4 May 2006;

— annul the result of the Court Auditors' Staff Committee elec-
tions of 2, 3 and 4 May 2006 and all connected and subse-
quent decisions;

— annul the decisions not to promote the applicant, and to

promote Mr X, in 2006;

— order the payment of compensation for the material and

non-material loss suffered by the applicant;

— order the defendant to pay the costs.