Case F-12/07: Action brought on 26 February 2007 — O'Connor v Commission
Date: 2007-04-28
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, servant (EU), staff regulations (EU), temporary employment, unemployment insurance

28.4.2007

EN

Official Journal of the European Union

C 95/57

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 15 March 2007 — Sanchez Ferriz v Commission

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

(Case F-111/05) (1)

(Officials — Appraisal — Career development report —
2001-2002 appraisal procedure)

Re:

(2007/C 95/113)

Language of the case: French

First, application for annulment of
the list of Commission
temporary staff promoted during the 2006 procedure in so far
as it does not include the applicant and, secondly, an application
for damages

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: F. Frabetti, lawyer)

Operative part of the order

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

1. The application for interim measures is dismissed.

Re:

2. Costs are reserved.

Application for annulment of the applicant's career development
report for the period 2001-2002

Operative part of the judgment

The Tribunal:

1. dismisses the application;

2. orders each party to bear its own costs.

(1) OJ C 48, 25.2.2006, p. 36 (case initially registered before the Court
the European Communities under number
of First
T-413/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

Instance of

Action brought on 26 February 2007 — O'Connor v
Commission

(Case F-12/07)

(2007/C 95/115)

Language of the case: French

Order of the President of the Civil Service Tribunal of
13 March 2007 — Chassagne v Commission

(Case F-1/07 R)

(Application for interim measures — Application for suspen-
sion of operation — Urgency — None)

Parties

Applicant: Elizabeth O'Connor (Brussels, Belgium) (represented
by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

(2007/C 95/114)

Language of the case: French

Form of order sought

Parties

— annul the Commission's decision to set at 11 months and
25 days the maximum period for the award of an unem-
ployment allowance to the applicant;

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by:
Y. Minatchy, lawyer)

— order the defendant to pay the costs.

C 95/58

EN

Official Journal of the European Union

28.4.2007

Pleas in law and main arguments

a

applicant,

former member of

the Commission's
The
temporary staff, worked for
the latter continuously from
16 January 2001 to 31 December 2005 under six different
fixed-term contracts concluded in the following order: a first
contract as a member of the temporary staff, a first contract as
a member of the auxiliary staff, a second contract as a member
of the temporary staff, a second contract as a member of the
auxiliary staff, a third contract as a member of the temporary
staff and, finally, a contract as a member of the contract staff.

The administration granted her entitlement to the unemploy-
ment allowance for a maximum period of 11 months and
25 days, in so far as it held that the periods covered by the
auxiliary staff contracts should be treated as periods spent in the
service of an employer other than the Community institutions.

In support of her action, the applicant submits, first, that the
Commission committed an abuse of rights by retaining her in
its service more than five years under a variety of fixed-term
contracts and under different sets of staff regulations. Secondly,
she submits that the Commission misapplied Article 28a(4) and
the Conditions of Employment of Other
Article 96(4) of
Servants,
in so far as the period during which the applicant
worked as a member of the auxiliary staff was not taken into
account for the purposes of their provisions.

Action brought on 27 February 2007 — K v European
Parliament

(Case F-15/07)

(2007/C 95/116)

Language of the case: German

Parties

Applicant: K (represented by Dieter Struck)

Defendant: European Parliament

Form of order sought

— annul

the decision of

the

European Parliament of

29 November 2006 rejecting the applicant's application;

— order the defendant to pay damages for pain and suffering

and compensation;

— declare the principle of equal

to have been
infringed and deliberate and intentional harm to the appli-
cant's general rights as an individual to have taken place;

treatment

— declare the defendant to have infringed the principle of legit-
imate expectations and the obligation to give reasons for
administrative acts, as also the principle of non-discrimina-
tion;

— order the defendant to bear all the costs incurred in connec-
tion with the bringing of the action and the costs of the
action itself.

Pleas in law and main arguments

The applicant, who was an official at the European Parliament
from 1 January 1978, seeks damages for pain and suffering and
compensation from the defendant by reason of conduct leading
to the infringement of the applicant's general rights as an indivi-
dual and the unusual circumstances which led to the applicant's
retirement on the ground of ill health.

Action brought on 5 March 2007 — Kerelov v Commis-
sion

(Case F-19/07)

(2007/C 95/117)

Language of the case: French

Parties

Applicant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by:
Angel Kerelov, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of 6 December 2006 of the selection
board for competition EPSO/AD/43/06-CJ not to include
the applicant on the reserve list for that competition;

— declare null and void, and if necessary annul as unlawful,
the decision of 2 February 2007 of the selection board for
to exclude the applicant
competition EPSO/AD/43/06-CJ
from that competition;

— order the defendant to pay the applicant fixed damages
assessed on equitable principles at EUR 120 491,28 (two
years' salary) with statutory interest from the date on which
the application in respect of the material and non-material
damage suffered by the applicant as a result of those illegal
decisions by the competition selection board was lodged;

— order the defendant to pay the costs.