Case F-123/05: Order of the Civil Service Tribunal (Second Chamber) of 3 May 2007 — Bracke v Commission (Officials — Competitions — Internal competition — Eligibility conditions — Competition notice — Seniority requirement — Temporary staff — Article 27 of the Staff Regulations — Principle of sound administration — Principle of non-discrimination)
Date: 2007-06-09
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, competition (EU), regulations for civil servants

9.6.2007

EN

Official Journal of the European Union

C 129/25

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Third Chamber) of
2 May 2007 — Giraudy v Commission

Order of the Civil Service Tribunal (Second Chamber) of
3 May 2007 — Bracke v Commission

(Case F-23/05) (1)

(Case F-123/05) (1)

(Officials — Actions — Action for damages — Investigation
by the European anti-Fraud Office (OLAF) — Reassignment
— Regulation (EC) No 1073/1999 — Decision 1999/396/EC,
ECSC, Euratom — Fault — Damage — Occupational disease
— Account to be taken of the benefits provided for under
Article 73 of the Staff Regulations)

(Officials — Competitions — Internal competition — Elig-
ibility conditions — Competition notice — Seniority require-
ment — Temporary staff — Article 27 of
the Staff
Regulations — Principle of sound administration — Principle
of non-discrimination)

(2007/C 129/42)

Language of the case: French

(2007/C 129/43)

Language of the case: French

Parties

Applicant:
D. Voillemot, lawyer)

Jean-Louis Giraudy (Paris, France)

(represented by:

Parties

Defendant: Commission of the European Communities (repre-
sented by: J. Curral and G. Berscheid, lawyer)

Re:

First, annulment of
the Commission's decision refusing to
acknowledge the liability of its departments and the damage
allegedly suffered by the applicant in the context of an investiga-
tion carried out by the European Anti-Fraud Office (OLAF) in
the Commission's Office in France and, second, a claim for
damages.

Operative part of the judgment

1. The Commission of the European Communities is ordered to pay
Mr Giraudy damages in the amount of EUR 15 000 by way of
compensation for the non-material damage suffered by him in the
form of an attack on his reputation and integrity.

2. The remainder of the application is dismissed.

Applicant:
by: P. Bruwier, lawyer)

Jean-Marc Bracke (Etterbeeck, Belgium)

(represented

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and L. Lozano Palacios)

Re:

First, the inapplicability, under article 241 EC, of point III.1 of
the notice of competition COM/PC/04 on account of infringe-
ment of the principle of non-discrimination, and, second, annul-
ment of the decision of the Appointing Authority not to recruit
the applicant, and of the measures taken in consequence of that
decision, on the grounds that it infringes Article 27 of the Staff
Regulations, the principle of non-discrimination, the principle
of sound administration, the principle of independence of the
selection board, the principle of the protection of
legitimate
expectations, and that it is founded on an illegal provision of
the notice.

3. The Commission of the European Communities shall bear its own

Operative part of the order

costs and two thirds of Mr Giraudy's costs

4. Mr Giraudy shall bear one third of his own costs.

1. The application is dismissed as being manifestly unfounded.

(1) OJ C 171 of 9.7.2005, p. 29 (case initially registered at

the
Court of First Instance of the European Communities under number
T-169/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15 December 2005).

2. Each party shall bear its own costs.

(1) OJ C 60 of 11.3.2006, p. 53.