Case F-24/07: Action brought on 15 March 2007 — Lafleur-Tighe v Commission
Date: 2007-05-26
Institutions: Civil Service Tribunal
Subjects: European official, action by staff, equal treatment, personnel administration, recognition of diplomas, recruitment, regulations for civil servants, staff assessment

C 117/36

EN

Official Journal of the European Union

26.5.2007

In support of his action, the applicant relies in particular on the
breach of the first paragraph of Article 31 and the first para-
graph of Article 33 of the Conditions of Employment of Other
Servants (CEOS), as interpreted by the Civil Service Tribunal in
its judgment of 16 January 2007 in Case F-119/05 Gesner v
OHIM (not yet published in the ECR).

Action brought on 22 March 2007 — Bleser v Court of
Justice

(Case F-25/07)

(2007/C 117/57)

Language of the case: German

Action brought on 15 March 2007 — Lafleur-Tighe v
Commission

Parties

(Case F-24/07)

(2007/C 117/56)

Language of the case: French

Parties

Applicant: Virgine Lafleur-Tighe (Makati, Philippines) (represented
by S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of the Appointing Authority to classify
the applicant in grade 13, step 1 at the date of his recruit-
ment as a contract agent, entailed by the employment
contract signed on 22 December 2005;

— indicate to the Appointing Authority the effects of

the
annulment of the contested decision and, in particular, of
the recognition of the applicant's professional experience
from 16 November 1993, the date he obtained his bache-
lor's degree, and his reclassification in grade 14, with retro-
active effect from 22 December 2005;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, in addition to relying on the pleas in law very
similar to those which she raised in Case F-135/06 (1), claims,
in particular, that there has been a breach of the principle of
free movement in respect of degrees and professional qualifica-
tions.

(1) OJ C 236, 30.12.2006, p. 87.

Applicant: Thomas Bleser (Nittel, Germany)
P. Goergen, lawyer)

(represented by:

Defendant: Court of Justice of the European Communities

Form of order sought

— Annulment of the applicant's classification in the grade allo-
cated to him in the decision of 16 March 2006 regarding
his appointment;

— Annulment of Articles 2 and 13 in Appendix XIII and of
Article 32 of the Staff Regulations which entered into force
on 1 May 2004;

— Classification of

the applicant

in the grade which was
published in the notice of competition or in the grade
which corresponds to it according to the classifications of
the new Staff Regulations (and in the corresponding step
according to the provisions which were applicable before
1 May 2004);

— Award of damages in the amount corresponding to the

difference in remuneration;

— Award of damages in the amount of EUR 10 000 in respect

of the non-material damage suffered;

— Order the Court of Justice to pay the costs.

Pleas in law and main arguments

The action is essentially brought against the provisions of Arti-
cles 2 and 13 in Appendix XIII and of Article 32 of the Staff
Regulations of Officials of the European Communities which
entered into force on 1 May 2004.

submits

that his classification should have
The applicant
been carried out under the Staff Regulations which were in
force at the time when he sat the selections tests and were more
favourable to him. In support of his action, he claims that his
classification infringed the principle of equality, the principle of
non-discrimination and the prohibition of discrimination based
on age.