Case T-339/03: Judgment of the Court of First Instance of 7 February 2007 — Clotuche v Commission (Officials — Reassignment of a Director as a Principal Adviser — Interest of the service — Equivalence of posts — Reorganisation of Eurostat — Action for annulment — Action for damages)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, European official, Eurostat, action for annulment (EU), reassignment

C 82/30

EN

Official Journal of the European Union

14.4.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 6 February 2007
— CAS v Commission

Judgment of the Court of First Instance of 7 February 2007
— Clotuche v Commission

(Case T-23/03) (1)

(Case T-339/03) (1)

(Association Agreement between the EEC and the Republic of
Turkey — Remission of import duty — Fruit juice concentrate
from Turkey — Community Customs Code — Movement
certificates — Special situation — Rights of the defence)

(Officials — Reassignment of a Director as a Principal
Adviser — Interest of the service — Equivalence of posts —
Reorganisation of Eurostat — Action for annulment —
Action for damages)

(2007/C 82/65)

Language of the case: German

(2007/C 82/66)

Language of the case: French

Parties

Applicant: CAS SpA (Verona,
lawyer)

Italy)

(represented by: D. Ehle,

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis, Agent, and M. Nuñez Müller, lawyer)

Re:

Application for annulment in part of the Commission's decision
of 18 October 2002 (REC 10/01) concerning an application for
remission of import duties

Operative part of the judgment

The Court:

1. Dismisses the action;

Parties

Applicant: Gabrielle Clotuche (Brussels, Belgium) (represented by:
P.-P. Van Gehuchten,
J. Sambon, G. Demez and P. Reyniers,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, agents)

Re:

First, an application for annulment of the Commission's decision
of 9 July 2003 to reassign the applicant from a post as Director
to a post as Principal Adviser and of the Commission's decision
of 1 October 2003 reorganising Eurostat, in so far as it does
not include any measure reassigning the applicant as a Director,
and, secondly, an application for compensation for the non-
material harm suffered.

Operative part of the judgment

The Court:

1. orders the Commission to pay the applicant the sum of EUR one

by way of damages for breach of administration;

2. Orders the applicant to pay the costs.

2. dismisses the action as to the remainder;

(1) OJ C 83, 5.4.2003.

3. orders the Commission to bear its own costs inclusive of those of
the proceedings for interim relief before the Court of First Instance,
and one fifth of the costs incurred by the applicant inclusive of
those of the proceedings for interim relief before the Court of First
Instance;

14.4.2007

EN

Official Journal of the European Union

C 82/31

4. orders the applicant to bear four fifths of its own costs inclusive of
those of the proceedings for interim relief before the Court of First
Instance.

2.

in Case T-134/04, orders the Commission to pay the applicant the
sum of EUR 5 000 by way of damages for breach of administra-
tion;

(1) OJ C 289, 29.11.2003.

Judgment of the Court of First Instance of 7 February 2007
— Caló v Commission

(Joined Cases T-118/04 and T-134/04) (1)

(Officials — Reassignment of a Director as a Principal
Adviser — Interest of the service — Equivalence of posts —
Reorganisation of Eurostat — Appointment to a position as
Director — Vacancy notice — Duty to state reasons —
Assessment of the candidates' merits — Action for annulment
— Action for damages)

(2007/C 82/67)

Language of the case: French

Parties

Applicant: Giuseppe Caló (Luxembourg, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, agents)

Re:

First, an application for annulment of the Commission's decision
of 9 July 2003 to reassign the applicant from a post as Director
to a post as Principal Adviser, of the Commission's decision of
1 October 2003 reorganising Eurostat, in so far as it confirms
the applicant's reassignment, and an application for compensa-
tion for the non-material harm allegedly suffered by the appli-
cant; secondly, an application for annulment of the Commis-
sion's decision of 30 March 2004 appointing Mr N. to the post
of Director of
fisheries,
structural funds and environment statistics’ and rejecting the
applicant's candidature for that post.

the Eurostat directorate ‘Agriculture,

3. dismisses the actions as to the remainder;

4.

5.

6.

in Case T-118/04, orders the Commission to bear its own costs
inclusive of those of the proceedings for interim relief before the
Court of First Instance, and one fifth of the costs incurred by the
applicant inclusive of those of the proceedings for interim relief
before the Court of First Instance;

in Case T-118/04, orders the applicant to bear four fifths of its
own costs inclusive of those of the proceedings for interim relief
before the Court of First Instance;

in Case T-134/04, orders the Commission to pay all of the costs
inclusive of those of the proceedings for interim relief before the
Court of First Instance.

(1) OJ C 118, 30.4.2004.

Judgment of the Court of First Instance of 6 February 2007
— Camurato Carfagno v Commission

(Case T-143/04) (1)

(Staff case — Officials — Reporting procedure — Career
development report — 2001/2002 appraisal procedure —
Action for annulment — Plea of illegality — Manifest error
of assessment)

(2007/C 82/68)

Language of the case: French

Parties

Applicant: Antonietta Camurato Carfagno (Brussels, Belgium)
(represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and M. Velardo, agents)

Operative part of the judgment

Re:

The Court:

1.

in Case T-118/04, orders the Commission to pay the applicant the
sum of EUR one by way of damages for breach of administration;

Application for annulment of the decision of 9 April 2003
drawing up the definitive version of the applicant's career devel-
opment report in respect of the period from 1 July 2001 to
31 December 2002.