Case F-21/06: Judgment of the Civil Service Tribunal (Second Chamber) of 28 June 2007 — da Silva v Commission (Officials — Appointment in grade — Post of director advertised before 1 May 2004 — Amendment of the Staff Regulations — Article 2 and Article 5(5) of Annex XIII to the Staff Regulations — Classification by grade pursuant to new less-favourable provisions — Principle that all officials are entitled to reasonable career prospects)
Date: 2007-08-04
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, personnel administration, professional career

C 183/42

EN

Official Journal of the European Union

4.8.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 28 June 2007 — da Silva v Commission

Judgment of the Civil Service Tribunal (Second Chamber)
of 28 June 2007 — Bianchi v European Training
Foundation (ETF)

(Case F-21/06) (1)

(Officials — Appointment in grade — Post of director adver-
tised before 1 May 2004 — Amendment of the Staff Regula-
tions — Article 2 and Article 5(5) of Annex XIII to the
Staff Regulations — Classification by grade pursuant to new
less-favourable provisions — Principle that all officials are
entitled to reasonable career prospects)

(2007/C 183/81)

Language of the case: French

(Case F-38/06) (1)

(Staff cases — Members of temporary staff — Fixed-term
contract — Non-renewal — Substandard work — Duty to
state reasons — Manifest error of assessment)

(2007/C 183/82)

Language of the case: French

Parties

Applicant:
G. Vandersanden and L. Levi, lawyers)

João da Silva (Brussels, Belgium)

(represented by:

Parties

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, H. Kraemer and K. Herrmann, acting as
Agents)

Party intervening in support of
the
European Union (represented by: M. Arpio Santacruz and
I. Sulce, acting as Agents)

the defendant: Council of

Applicant:
A. Lucas, lawyer)

Irène Bianchi

(Turin,

Italy)

(represented by: M.-

Defendant: European Training Foundation (ETF) (represented by:
M. Dunbar, assisted by G. Vandersanden, lawyer)

Re:

First, annulment of the Commission's decision of 18 May 2005
appointing the applicant as a Director and fixing his grade at
A*14 instead of
the A2 indicated in the vacancy notice
published in 2003, and secondly, the reinstatement of the appli-
cant at grade A*15 (ex A2) and restoration of his career
prospects with retrospective effect

Re:

First, annulment of the decision by the Director of the European
Training Foundation not to renew the applicant's contract of
employment as a member of the temporary staff and, secondly,
a claim for damages

Operative part of the judgment

The Tribunal:

Operative part of the judgment

1. Annuls the decision of the Commission of the European Commu-
nities of 18 May 2005, inasmuch as it classifies Mr da Silva as a
director in grade A*14, step 2;

The Tribunal:

2. Orders the Commission of the European Communities to bear its

own costs and to pay Mr da Silva's costs;

3. Orders the Council of the European Union to bear its own costs.

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 108, 6.5.2006, p. 31.

(1) OJ C 143, 17.6.2006, p. 37.