Case C-71/07 P: Judgment of the Court (Second Chamber) of 17 July 2008 — Franco Campoli v Commission of the European Communities, Council of the European Union (Appeal — Officials — Remuneration — Pension — Application of the correction coefficient calculated on the basis of the average cost of living in the country of residence — Transitional arrangements established by the Regulation amending the Staff Regulations — Objection of illegality)
Date: 2007-07-17
Institutions: Court of Justice
Subjects: European Commission, European official, action by staff, appeal, pension scheme, regulations for civil servants

C 223/12

EN

Official Journal of the European Union

30.8.2008

Operative part of the judgment

1. The fact that an employer states publicly that it will not recruit
employees of a certain ethnic or racial origin constitutes direct
discrimination in respect of recruitment within the meaning of
Article 2(2)(a) of Council Directive 2000/43/EC of 29 June
2000 implementing the principle of equal
treatment between
persons irrespective of racial or ethnic origin, such statements being
likely strongly to dissuade certain candidates from submitting their
candidature and, accordingly, to hinder their access to the labour
market.

2. Public statements by which an employer lets it be known that
under its recruitment policy it will not recruit any employees of a
certain ethnic or racial origin are sufficient for a presumption of the
existence of a recruitment policy which is directly discriminatory
within the meaning of Article 8(1) of Directive 2000/43. It is
then for that employer to prove that there was no breach of the
principle of equal treatment. It can do so by showing that the
undertaking's actual recruitment practice does not correspond to
those statements. It is for the national court to verify that the facts
alleged are established and to assess the sufficiency of the evidence
submitted in support of the employer's contentions that it has not
breached the principle of equal treatment.

Other parties to the proceedings: Commission of the European
Communities (represented by: V. Joris and D. Martin, acting as
Agents), Council of
the European Union (represented by:
M. Arpio Santacruz and I. Šulce, acting as Agents)

Re:

Extended Composition)

the Court of First
Appeal brought against the judgment of
Instance
of
(Second Chamber,
29 November 2006 in Case T-135/05 Campoli v Commission, by
which the Court dismissed as partially inadmissible and partially
unfounded the action for annulment of the appellant's pension
payslips from May to July 2004, in as much as they applied for
the first time a weighting calculated in an allegedly unlawful
manner on the basis of the average cost of living in the appel-
lant's country of residence, rather than, as previously, in relation
to the cost of living in the capital of that country — Effect of
the entry into force of the new Staff Regulations of Officials on
the system of weighting — Transitional system for officials who
retired before 1 April 2004 — Method of calculating weighting
and respect for the principle of the equality of treatment —
Obligation to state reasons

3. Article 15 of Directive 2000/43 requires that rules on sanctions
applicable to breaches of national provisions adopted in order to
transpose that directive must be effective, proportionate and dissua-
sive, even where there is no identifiable victim.

Operative part of the judgment

The Court:

(1) OJ C 82, 14.4.2007.

1. Dismisses the principal appeal and the cross-appeal.

2. Orders the parties to bear their own costs.

(1) OJ C 117, 26.5.2007.

Judgment of the Court (Second Chamber) of 17 July 2008
the European
— Franco Campoli v Commission of

Communities, Council of the European Union

(Case C-71/07 P) (1)

(Appeal — Officials — Remuneration — Pension — Applica-
tion of the correction coefficient calculated on the basis of the
average cost of living in the country of residence — Transi-
tional arrangements established by the Regulation amending
the Staff Regulations — Objection of illegality)

(2008/C 223/18)

Language of the case: French

Judgment of the Court (Fifth Chamber) of 17 July 2008
(reference for a preliminary ruling from the Arbeitsgericht
Bonn — Germany) — Andrea
v
Max-Planck-Gesellschaft zur Förderung der Wissenschaften
eV

Raccanelli

(Case C-94/07) (1)

(Article 39 EC — Concept of ‘worker’ — Non-governmental
organisation operating in the public interest — Doctoral grant
— Employment contract — Conditions)

(2008/C 223/19)

Language of the case: German

Parties

Appellant: Franco Campoli
L. Levi and S. Rodrigues, avocats)

(represented by: G. Vandersanden,

Referring court

Arbeitsgericht Bonn