Case F-1/06: Judgment of the Civil Service Tribunal of 14 February 2007 — Fernández Ortiz v Commission (Officials — Recruitment — Probationary period — Dismissal after the end of the probationary period)
Date: 2007-04-14
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, dismissal, regulations for civil servants, traineeship

14.4.2007

EN

Official Journal of the European Union

C 82/55

Judgment of the Civil Service Tribunal (Second Chamber)
of 1 March 2007 — Neirinck v Commission

Defendant: Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart, L Lozano Palacios and
L. Escobar Guerrero, Agents)

(Case F-84/05) (1)

(Officials — Temporary staff — Admissibility — Request
within the meaning of Article 90(1) of the Staff Regulations
— Principle of the protection of legitimate expectations —
Alleged promise to recruit)

(2007/C 82/115)

Language of the case: French

Parties

Re:

Annulment of the decision whereby the Commission of the
European Communities dismissed the applicant after the end of
his probationary period.

Operative part of the judgment

The Tribunal:

Applicant: Wineke Neirinck (Brussels, Belgium) (represented by:
G. Vandersanden, L. Levi and C. Ronzi, lawyers)

1. Dismisses the application;

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and L. Lozano Palacios, agents)

2. Orders the parties to bear their own costs.

Re:

(1) OJ C 74 of 25.3.2006.

An application for damages seeking compensation for the loss
suffered by the applicant as a result of not having been
employed as a member of the temporary staff following an
alleged error on the part of the defendant's administration.

Operative part of the judgment

Action brought on 18 December 2006 — Meister v OHIM

The Tribunal:

1. dismisses the action;

2. orders each party to bear its own costs.

(Case F-138/06)

(2007/C 82/117)

Language of the case: German

(1) OJ C 281, 12.11.2005, p. 29 (case initially registered before the
Court of First Instance of the European Communities under number
T-334/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

Parties

Applicant: Herbert Meister (Alicante, Spain)
Hans-Joachim Zimmermann)

(represented by:

Defendant: Office for Harmonisation in the Internal Market

Judgment of the Civil Service Tribunal of 14 February
2007 — Fernández Ortiz v Commission

Form of order sought

(Case F-1/06) (1)

(Officials — Recruitment — Probationary period —
Dismissal after the end of the probationary period)

(2007/C 82/116)

Language of the case: Spanish

Parties

Applicant: Fernández Ortiz (Madrid, Spain)
J. Iturriagagoitia Bassas, lawyer)

(represented by:

— annul the implied decision of rejection by the President of
the Office for Harmonisation in the Internal Market (OHIM)
of 18 September 2006 taken under Article 90(2) of the
Staff Regulations;

— in the alternative, annul the implied decision of rejection by
the President of OHIM of 18 September 2006 taken under
Article 90(2) of the Staff Regulations and the written deci-
sion of rejection by the President of OHIM of 20 September
2006 (dated 18 September 2006);

— in the further alternative, annul the written decision of the
President of OHIM of 20 September 2006 which was based
on Article 90(2) of the Staff Regulations;