Case T-433/04: Judgment of the Court of First Instance of 6 June 2007 — Davi v Commission (Staff cases — Officials — Promotion — 2003 Promotion procedure — Decision not to promote — Award of promotion points — Consideration of the comparative merits — Equal treatment — General provisions for implementing Article 45 of the Staff Regulations — Plea of illegality — Legitimate expectations)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, promotion, regulations for civil servants, staff assessment

21.7.2007

EN

Official Journal of the European Union

C 170/21

Judgment of the Court of First Instance of 6 June 2007 —
Parlante v Commission

(Case T-432/04) (1)

(Staff case — Officials — Promotion — Promotions proce-
dure 2003 — Refusal of promotion — Award of promotion
points — Consideration of comparative merits — Equal treat-
ment — General implementing provisions of Article 45 of the
illegality — Legitimate
Staff Regulations — Plea of

expectations)

(2007/C 170/38)

Language of the case: French

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, initially, and subsequently by C. Berardis-
Kayser and M. Velardo, acting as Agents)

Re:

Application for annulment, first, of the Appointing Authority's
decision of 2 July 2004 rejecting the applicant's complaint
against that authority's decision not to promote her to Grade
C2 for the 2003 promotion procedure and, secondly, in so far
as necessary, of the original decision which was the subject of
that complaint.

Parties

Applicant: Walter Parlante (Enghien, Belgium) (represented by: L.
Vogel, lawyer)

Operative part of the judgment

The Court:

1. Dismisses the action;

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and M. Velardo, acting as Agents)

2. Orders the parties to bear their own costs.

Re:

(1) OJ C 6, 8.1.2005.

Application for annulment of (1) the Appointing Authority's
decision of 5 July 2004 rejecting the applicant's complaint
against that same authority's decision to refuse him promotion
to Grade C1 under the 2003 procedure and (2), in so far as it is
necessary, the decision which was the subject of that complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 6, 8.1.2005.

Judgment of the Court of First Instance of 6 June 2007 —
Walderdorff v Commission

(Case T-442/04) (1)

(Staff cases — Officials — Promotion — 2003 Promotion
procedure — Decision not to promote — Award of promotion
points — Consideration of the comparative merits — Equal
treatment — General provisions for implementing Article 45
of the Staff Regulations — Plea of illegality — Legitimate
expectations)

(2007/C 170/40)

Language of the case: French

Judgment of the Court of First Instance of 6 June 2007 —
Davi v Commission

Parties

(Case T-433/04) (1)

(Staff cases — Officials — Promotion — 2003 Promotion
procedure — Decision not to promote — Award of promotion
points — Consideration of the comparative merits — Equal
treatment — General provisions for implementing Article 45
of the Staff Regulations — Plea of illegality — Legitimate
expectations)

(2007/C 170/39)

Language of the case: French

Parties

Applicant: Angela Davi
L. Vogel, lawyer)

(Brussels, Belgium)

(represented by:

Applicant: Andrea Walderdorff (Brussels, Belgium) (represented
by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, initially, and subsequently by G. Berscheid
and M. Velardo, acting as Agents)

Re:

Application for annulment, first, of the Appointing Authority's
decision of 19 July 2004 rejecting the applicant's complaint
against that authority's decision not to promote her to Grade
A4 for the 2003 promotion procedure and, secondly, in so far
as necessary, of the original decision which was the subject of
that complaint.