Case F-71/06: Judgment of the Civil Service Tribunal (Third Chamber) of 25 April 2007 — Lebedef-Caponi v Commission (Officials — Appraisal — Career development report — 2004 appraisal procedure — GIP of Article 43 of the Staff Regulations — Article 26 of the Staff Regulations)
Date: 2007-04-28
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, professional career, staff assessment

C 96/40

EN

Official Journal of the European Union

28.4.2007

Judgment of the Civil Service Tribunal (First Chamber) of
17 April 2007 — C and F v Commission

Judgment of the Civil Service Tribunal (Third Chamber) of
25 April 2007 — Lebedef-Caponi v Commission

(Cases F-44/06 and F-94/06) (1)

(Case F-50/06) (1)

(Officials — Article 78 of the Staff Regulations — Invalidity
pension — Compliance with a judgment of the Court of First
Instance — Action for annulment and compensation)

(Officials — Appraisal — Career development report — 2004
appraisal exercise — General
implementing provisions of
Article 43 of the Staff Regulations — Article 26 of the Staff
Regulations)

(2007/C 96/82)

Language of the cases: French

(2007/C 96/83)

Language of the case: French

Parties

Parties

Applicants: C and F (Brussels, Belgium) (represented by: J. van
Rossum, S. Orlandi and J.-N. Louis, lawyers)

Applicant: Maddalena Lebedef-Caponi
bourg) (represented by: F. Frabetti, lawyer)

(Senningerberg, Luxem-

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent)

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

Re:

In Case F-44/06:

First, annulment of the decision of 13 June 2005 refusing to
adopt, with respect to the applicant, any measure to comply
with the judgment of the Court of First Instance of the Euro-
pean Communities in Case T-376/02, brought by the same
applicant against a decision of 14 January 2002 and, second,
annulment of the decision of 23 February 2006 compulsorily
retiring the applicant with entitlement to an invalidity allowance
to be determined in accordance with the second paragraph of
Article 78 of the Staff Regulations, with retroactive effect from
1 February 2002.

In Case F-94/06:

First, annulment of the decision of 23 February 2006 compul-
sorily retiring the applicant with entitlement to an invalidity
allowance to be determined in accordance with the second para-
graph of Article 78 of the Staff Regulations, with retroactive
effect from 1 February 2002 and, second, an application for
damages.

Operative part of the judgment

1. The Commission of the European Communities is ordered to pay
the applicant compensation of EUR 2 000 in respect of non-mate-
rial damage sustained by him.

2. The remainder of the applications is dismissed.

3. The Commission of the European Communities is ordered to bear
its own costs and to pay two thirds of the applicant's costs in Cases
F-44/06 C v Commission and F-94/06 F v Commission.

Re:

Annulment of the applicant's career development report for the
period 1.7.2001-31.12.2002.

Operative part of the judgment

The Tribunal:

1. Annuls Ms Lebedef-Caponi's career development report

for

the

period 1 July 2001 to 31 December 2002;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 154, 2.7.2006, p. 27.

Judgment of the Civil Service Tribunal (Third Chamber) of
25 April 2007 — Lebedef-Caponi v Commission

(Case F-71/06) (1)

(Officials — Appraisal — Career development report —
2004 appraisal procedure — GIP of Article 43 of the Staff
Regulations — Article 26 of the Staff Regulations)

(2007/C 96/84)

Language of the case: French

(1) F-44/06: OJ C 154, 1.7.2006, p. 25 and F-94/06: OJ C 237,

30.9.2006, p. 22.

Parties

Applicant: Maddalena Lebedef-Caponi
bourg) (represented by: F. Frabetti, lawyer)

(Senningerberg, Luxem-

28.4.2007

EN

Official Journal of the European Union

C 96/41

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

2. Each party is to bear its own costs.

Re:

Application for annulment of the applicant's Career Develop-
ment Report in respect of the period 1/1/2004 — 31/12/2004

(1) OJ C 281, 12.11.2005, p. 27 (case initially registered before the
Court of First Instance of the European Communities under number
T-327/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 190, 12.8.2006, p. 36.

Order of the Civil Service Tribunal (Third Chamber) of
29 March 2007 — Chassagne v Commission

(Case F-39/06) (1)

(Officials — Remuneration — Annual travel expenses —
Provisions applicable to officials originating from French over-
seas departments — Article 8 of Annex VII to the amended
Staff Regulations — Application manifestly unfounded in
law)

(2007/C 96/86)

Language of the case: French

Order of the Civil Service Tribunal (Second Chamber) of
16 April 2007 — Thierry v Commission

(Case F-82/05) (1)

Parties

(Officials — Promotion — Non-inclusion in the list of offi-
cials promoted — 2004 promotion procedure — Priority
points — Merit — Length of service — Admissibility)

(2007/C 96/85)

Language of the case: French

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by:
S. Rodrigues and Y. Minatchy, lawyers)

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

Intervener in support of the defendant: Council of the European
Union (represented by M. Bauer and I. Sulce, Agents)

Parties

Re:

Applicant: Michel Thierry (Luxembourg, Luxembourg)
sented initially by G. Bounéou and F. Frabetti,
subsequently by F. Frabetti, lawyer)

(repre-
lawyers, and

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and D. Martin, Agents)

Application for, first, an acknowledgement that Article 8 of
Annex VII to the Staff Regulations, in the version in force since
1 May 2004,
is illegal and consequently inapplicable to the
applicant for the purpose of establishing the sum of annual
travel expenses to be reimbursed and, secondly, an application
for damages.

Re:

Annulment of the list of officials promoted to Grade A5 under
the 2004 promotion procedure, in so far as that list does not
include the applicant's name.

Operative part of the order

1. The action is dismissed.

2. Each party is to bear its own costs.

Operative part of the order

(1) OJ C 131, 3.6.2006, p. 53.

1. The action is dismissed in part as manifestly inadmissible and in

part as manifestly unfounded.