Case C-362/05 P: Judgment of the Court (Fourth Chamber) of 7 June 2007 — Jacques Wunenburger v Commission of the European Communities (Appeals — Staff cases — Promotion — Selection procedure — Rejection of the appellant's candidature — Retirement in the interests of the service — Obligation to state the reasons on which the decision is based — Error of law — Cross-appeal — Subject-matter of the dispute — Interest in bringing proceedings)
Date: 2007-07-21
Institutions: Court of Justice
Subjects: European Commission, European official, General Court (EU), appeal, personnel administration

C 170/6

EN

Official Journal of the European Union

21.7.2007

Operative part of the judgment

Operative part of the judgment

of Thirteenth Council Directive 86/560/EEC of
Article 2(2)
17 November 1986 on the harmonisation of the laws of the Member
States relating to turnover taxes — Arrangements for the refund of
value added tax to taxable persons not established in Community terri-
tory must be interpreted as meaning that the ‘third States’ referred to
in that provision include all third States and that that provision is
without prejudice to the ability and the responsibility of the Member
States to comply with their obligations under international agreements
such as the General Agreement on Trade in Services.

The Court hereby:

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

2. Orders Mr Wunenburger to pay the costs of the main appeal.

3. Orders the Commission of the European Communities to pay the

costs of the cross-appeal.

(1) OJ C 315 of 10.12.2005.

(1) OJ C 281, 12.11.2005.

Judgment of the Court (Fourth Chamber) of 7 June 2007 —
the European
Jacques Wunenburger v Commission of

Communities

(Case C-362/05 P) (1)

Judgment of the Court (Third Chamber) of 7 June 2007 —
Commission of the European Communities v Kingdom of
the Netherlands

(Case C-50/06) (1)

(Appeals — Staff cases — Promotion — Selection procedure
— Rejection of the appellant's candidature — Retirement in
the interests of the service — Obligation to state the reasons
on which the decision is based — Error of law — Cross-
in
appeal — Subject-matter of

the dispute — Interest

bringing proceedings)

(Failure of a Member State to fulfil obligations — Citizenship
of the Union — Freedom of movement for nationals of the
Member States — Directive 64/221/EEC — Public policy —
National legislation concerning expulsion — Criminal convic-
tion — Expulsion)

(2007/C 170/09)

Language of the case: French

(2007/C 170/10)

Language of the case: Dutch

Parties

Appellant:
avocat)

Jacques Wunenburger (represented by: E. Boigelot,

Other party to the proceedings: Commission of
Communities
(represented by:
Agents and V. Dehin, avocat)

the European
J. Currall and G. Berscheid,

Re:

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 5 July 2005 in Case T-370/03
Wunenburger v Commission which dismissed the appellant's appli-
to
cation for annulment of
proceed with his candidature for the post of Director of Directo-
rate
(AIDCO.C) and appointed
another candidate to that post.

the Commission's decision not

‘Africa, Caribbean, Pacific’

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of the Netherlands (represented by: H.G.
Sevenster and M. de Grave, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Council Directive 64/221/EEC of 25 February 1964 on the
co-ordination of special measures concerning the movement
and residence of
foreign nationals which are justified on
grounds of public policy, public security or public health (OJ,
English Special Edition 1963-1964, p. 117) — National legisla-
tion applying without distinction to all foreign nationals and
thus failing to take account of the special position of citizens of
the European Union — Automatic connection between a
criminal conviction and a measure a ordering expulsion.