Case F-51/06: Order of the Civil Service Tribunal (First Chamber) of 20 June 2007 — Tesoka v Eurofound (Staff cases — Members of the temporary staff — European Foundation for the Improvement of Living and Working Conditions — Resignation — Action for annulment and damages — No decision adversely affecting an individual — Manifest inadmissibility)
Date: 2007-08-25
Institutions: Civil Service Tribunal
Subjects: Eurofound, European official, action by staff, indemnification, regulations for civil servants, temporary employment, termination of employment

C 199/48

EN

Official Journal of the European Union

25.8.2007

Judgment of the Civil Service Tribunal (Second Chamber)
of 5 July 2007 — Dethomas v Commission

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

(Case F-93/06) (1)

(Staff cases — Former member of the temporary staff —
Appointment as an official — Amendment of the Staff Regu-
lations of 1 May 2004 — Third paragraph of Article 32 of
the Staff Regulations — Classification by step)

(2007/C 199/92)

Language of the case: French

Re:

Annulment of the list of officials promoted under the 2004
exercise, inasmuch as the applicant's name did not appear in
that
the decision allocating priority
list, and annulment of
points to the applicant in that period.

Parties

Operative part of the order

Applicant: Bruno Dethomas (Rabat, Morocco) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

1. The action is dismissed in part as manifestly inadmissible and in

part as manifestly unfounded.

Defendant: Commission of the European Communities (repre-
sented by:
Joris and H. Kraemer, subsequently
H. Kraemer alone)

initially V.

2. The parties shall bear their own costs.

Re:

Annulment of the Commission's decision of 11 January 2006,
appointing the applicant, a member of the temporary staff clas-
sified in grade A1*14, step 8, as a probationary official of the
European Communities, inasmuch as it fixes his classification in
grade A*14, step 2.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Commu-
nities of 11 January 2006 inasmuch as it classifies Mr Dethomas,
Head of the European Commission Delegation to the Kingdom of
Morocco, in grade A*14, step 2;

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

costs.

(1) OJ C 237, 30.9.2006, p. 22.

(1) OJ C 36, 11.2.2006, p. 35.

Order of the Civil Service Tribunal (First Chamber) of
20 June 2007 — Tesoka v Eurofound

(Case F-51/06) (1)

(Staff cases — Members of the temporary staff — European
Foundation for the Improvement of Living and Working
Conditions — Resignation — Action for annulment and
damages — No decision adversely affecting an individual —
Manifest inadmissibility)

(2007/C 199/94)

Language of the case: French

Parties

Order of the Civil Service Tribunal (Second Chamber) of
2 July 2007 — Sanchez Ferriz v Commission

Applicant: Sabrina Tesoka (Overijse, Belgium)
J.-L. Fagnart, lawyer)

(represented by:

(Case F-117/05) (1)

(Staff cases — Officials — Promotion — Failure to include
on the list of officials promoted — 2004 promotion exercise
— Priority Points — Merit — Seniority — Admissibility)

(2007/C 199/93)

Language of the case: French

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: F. Frabetti, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions
by:
C. Callanan, lawyer)

(represented

(Eurofound)

Re:

First, annulment of the decision of the European Foundation for
the Improvement of Living and Working Conditions not to
grant the applicant's claim for the damages to which she alleged
she was entitled following her resignation, pursuant to Regu-
lation No 1111/2005, and, second, a claim for damages (Case
T-398/05 referred back by the Court of First Instance).

25.8.2007

EN

Official Journal of the European Union

C 199/49

Operative part of the order

Action brought on 23 May 2007 — R v Commission

1. The action is dismissed as manifestly inadmissible.

2. The parties shall bear their own costs.

(1) OJ C 10, 14.1.2006, p. 28.

(Case F-49/07)

(2007/C 199/96)

Language of the case: French

Action brought on 23 March 2007 — Martin v Court of
Justice

Applicant: R (represented by: O. Martins, lawyer)

Parties

(Case F-28/07)

(2007/C 199/95)

Language of the case: French

Parties

Applicant: Claire Martin (Luxembourg, Luxembourg) (represented
by: D. Martin, lawyer)

Defendant: Court of Justice of the European Communities

Form of order sought

— annul the Appointing Authority's decision of 4 July 2006
appointing the applicant as a lawyer-linguist probationary
official from 16 June 2006,
inasmuch as it accorded her
grade AD7;

— order that the applicant be classified in grade A*10 corre-
sponding to grade LA6 before the entry into force on 1 May
2005 of Council Regulation (EC, Euratom) No 723/2004 of
22 March 2004 amending the Staff Regulations of officials
the European Communities and the Conditions of
of
Employment of other servants of the European Commu-
nities (1), with retroactive effect
from the date of her
appointment on 16 June 2006;

— order the full reconstruction of the applicant's career with
from the date of her appointment on

retroactive effect
16 June 2006;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant relies on very similar pleas in law to those relied
on in Case F-37/07 (2).

(1) OJ L 124, 27.4.2004, p. 1.
(2) OJ C 129, 9.6.2007, p. 28.

Defendant: Commission of the European Communities

Form of order sought

— declare the application admissible;

— in so far as is necessary, order

the
Commission's decision of 13 February 2007 dismissing the
Applicant's complaint and claim for damages
loss
suffered of 8 November 2006 and the decision of
19 December 2005;

the annulment of

for

— in so far as is necessary, declare the official's entire proba-
the measures produced in that
tionary period and all
connection void and/or order the annulment of all
the
preparatory and secondary measures or those which seek to
extend the effect of the official's end of probationary period
report of 10 January 2005 and, in particular, the so-called
intermediate report of 11 August 2004, Ms X's memo-
randum of 13 April 2005 and Appointing Authority's act of
reassignment of 3 March 2005;

— in so far as is necessary, order the partial annulment of the
end of probationary period report of 10 January 2005 for a
member of
finalised on
the temporary ‘Research’ staff,
18 May 2004, relating to the comments introduced by the
countersigning officer;

— in so far as is necessary, order the annulment of Director
General DG ADMIN's memorandum of 20 July 2005
dismissing the applicant's request for assistance, pursuant to
Article 24 of the Staff Regulations, of 11 November 2004;

— hold the European Community liable by virtue of all of the
contested decisions and measures and the Commission's
unlawful conduct towards the applicant;

— grant the applicant, in any event, damages for loss suffered

in the amount of EUR 2 500 000;

— order the Commission to pay the costs;

— in so far as is necessary, call on the Commission to take part
in conciliation proceedings under Article 7(4) of Annex I to
the Statute of the Court of Justice.