Case C-74/07 P: Appeal brought on 12 February 2007 by Luciano Lavagnoli against the judgment of the Court of First Instance (Third Chamber) delivered on 23 November 2006 in Case T-422/04 Lavagnoli v Commission
Date: 2007-06-09
Institutions: Court of Justice
Subjects: European Commission, European official, action by staff, administration of the Institutions, appeal, personnel administration, promotion, regulations for civil servants

C 129/2

EN

Official Journal of the European Union

9.6.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Appeal brought on 12 February 2007 by Luciano Lavagnoli
against
Instance
(Third Chamber) delivered on 23 November 2006 in
Case T-422/04 Lavagnoli v Commission

the Court of First

the judgment of

(Case C-74/07 P)

(2007/C 129/02)

Language of the case: French

Parties

Appellant: Luciano Lavagnoli (represented by: F. Frabetti, lawyer)

Other party to the proceedings: Commission of
Communities (represented by: J. Curral and H. Kraemer, agents)

the European

Form of order sought

— annul

the judgment of

the Court of First

Instance of

23 November 2006 in Case T-422/04;

— grant the forms of order sought at first instance and, conse-
quently, declare the application in Case T-422/04 to be
admissible and well founded;

— in the alternative, remit

the case to the Court of First

Instance;

— make an order as to costs, expenses and fees and order the

Commission to pay them.

Pleas in law and main arguments

The appellant relies on three submissions in support of his
appeal.

In his first submission, the appellant claims the Court of First
Instance erred in law in its interpretation of the general imple-
menting provisions for Article 45 of the Staff Regulations of
Officials of the European Communities and the administrative
guide to appraisal and promotion of officials inasmuch as it
held, in paragraphs 53 to 75 of the contested judgment, that
the abovementioned general
implementing provisions do not
require an automatic link between the priority points allocated

to the directorates general and the merit points, in this case, and
then the priority points had been correctly attributed.

In his second submission, the applicant claims that the Court of
First Instance erred in regard to procedure by refusing, in para-
graphs 59 and 67 of
to accept his requests
its judgment,
concerning the organisation of the procedure, which were to
require the Commission to submit a comparison between the
points awarded to officials eligible for promotion and their
merit points, and the method of comparison used in order to
make a comparative consideration of the merits of officials.

In his third submission, finally the applicant claims that the
Court of First Instance erred in law, in paragraphs 76 to 100 of
its judgment, by misconstruing the procedure for appraisal and
promotion laid down in the general
implementing provisions
for Articles 43 and 45 of the Staff Regulations of Officials and
the abovementioned administrative guide and by adopting an
erroneous interpretation of Article 90 of the Staff Regulations
of Officials.

Appeal brought on 21 February 2007 by É. R. and Others
against
the Court of
First Instance (First Chamber) on 13 December 2006 in
Case T-138/03 É.R. and Others v Council and Commission

judgment

delivered

the

by

(Case C-100/07 P)

(2007/C 129/03)

Language of the case: French

Parties

Appellants: É.R, J.R, A.R, B.R, O.O, T.D, V.D, J.M.D, D.D, D.F, E.E,
C.F, M.R,
(represented by: F. Honnorat,
lawyer)

I.R, B.R, M.R, C.S.