Case F-36/07: Action brought on 19 April 2007 — Lebedef v Commission
Date: 2007-06-09
Institutions: Civil Service Tribunal
Subjects: European Commission, Eurostat, action by staff, professional career, regulations for civil servants, staff assessment

9.6.2007

EN

Official Journal of the European Union

C 129/27

Furthermore, the applicant submits that Article 2 of the second
contested decision is discriminatory against officials whose
remuneration falls under the ‘Research’ credits and who apply
for a transfer before two years has expired following their
recruitment, since those officials lose their points following the
transfer whereas officials who are transferred automatically or
who occupy posts considered sensitive retain their points.

Action brought on 13 April 2007 — Skareby v
Commission

(Case F-34/07)

(2007/C 129/46)

Language of the case: French

Pleas in law and main arguments

In support of her claim, the applicant first alleges failure to
comply with the rules governing establishment of the CDR. The
administration infringed the rules of procedure established by
the general implementing provisions of Article 43 of the Staff
Regulations and committed manifest errors of assessment.

The applicant then alleges infringement of the rights of the
defence, the principle of sound administration and the duty to
have regard for the welfare of officials.

Finally, she alleges that the administration misused its powers
and misused the procedure.

Action brought on 19 April 2007 — Lebedef v
Commission

(Case F-36/07)

(2007/C 129/47)

Language of the case: French

Parties

Applicant: Carina Skareby (Bichkek, Kirghizistan)
by: S. Rodrigues and C. Bernard-Glanz, lawyers)

(represented

Parties

Defendant: Commission of the European Communities

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (repre-
sented by: F. Frabetti, lawyer)

Form of order sought

— Annul the applicant's Career Development Report (CDR) for

Form of order sought

2005;

Defendant: Commission of the European Communities

— Annul, in so far as necessary, the decision of the Appointing

Authority (AIPN) rejecting the applicant's appeal;

— Indicate to the AIPN the effects of annulment of

the
contested decisions and in particular the adoption of a new
CDR for 2005, this time in compliance with the statutory
rules;

— Order the AIPN to pay to the applicant: i) a sum fixed ex
aequo et bono at EUR 15 000 in respect of compensation for
her non-material damage; ii) a sum fixed ex aequo et bono at
EUR 15 000 in respect of compensation for the professional
injury suffered by her; iii) a sum to be fixed in equity by the
Tribunal
late payment
interest to run on each of those sums at the legal rate with
effect from the date on which they become payable;

in respect of her

financial

loss,

— Order the defendant to pay the costs.

— annul

the applicant's career development report
for the
period from 1 January 2005 to 31 December 2005, in par-
ticular that part of the report drawn up by Eurostat for that
period;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant relies on a single
plea in law alleging an infringement of the general measures for
the application of Article 43 of the Staff Regulations, specifi-
cally, the measures concerning union and statutory staff repre-
sentatives, breach of the principle of legitimate expectations and
of the rule ‘patere legem quam ipse fecisti’.