Case F-85/07: Action brought on 22 August 2007 — Anselmo and Others v Council
Date: 2007-11-10
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, action by staff, assistant, competition (EU), equal pay, regulations for civil servants, seniority

10.11.2007

EN

Official Journal of the European Union

C 269/71

— Order the EAR to pay the amount of EUR 100 000 in order
to compensate the non-material damage suffered by the
service related fault committed by EAR as it refused to take
any specific measure to comply with judgement T-471/04;

— Order

the EAR to pay interest on the aforementioned
judgement

the publication of

amounts of 3 % since
T-471/04;

the withdrawal of seniority in grade and the requirement of
mobility which was imposed solely on successful candidates;

— consequently, accord the successful candidates the seniority

in grade by annulling the contested acts;

— order the Council to pay the costs.

— Order the EAR to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

applicant mainly

EAR infringed
The
Article 233 EC in so far as it did not
take the necessary
measures to comply with the above-mentioned judgement of
the Court of First Instance.

that The

claims

(1) OJ C 96, of 22.4.2006, p. 13.

The applicants, successful candidates in internal competition
B/277 published on 9 July 2007 by the General Secretariat of
the Council, were first appointed in Category B maintaining the
seniority of grade which they had acquired in Categories C and
D. Later, their seniority in grade was limited to the date of
taking up their new duties, although personnel who had
reached Category B under the attestation procedure and not
because of a competition were able to keep the seniority at
issue. In those circumstances, the applicants rely on the infringe-
ment of the provisions and breach of the principles cited in the
forms of order sought above.

Action brought on 22 August 2007 — Anselmo and Others
v Council

Action brought on 6 September 2007 — Kuchta v
European Central Bank

(Case F-85/07)

(2007/C 269/129)

Language of the case: French

(Case F-89/07)

(2007/C 269/130)

Language of the case: German

Parties

Applicants: Ana Anselmo (Brussels, Belgium) and Others (repre-
sented by: S. Pappas, lawyer)

Defendant: Council of the European Union

Form of order sought

— annul, first, the decisions of the appointing authority of
11 May 2007, rejecting the complaints brought by the appli-
cants concerning a difference in treatment between, on the
one hand, the successful candidates in internal competition
N/277 and, on the other hand, the officials who benefit
from the attestation procedure as defined by the Council
decision of 2 December 2004 concerning the detailed rules
for implementing the attestation procedure and, secondly,
the decisions contested by those complaints;

— find that

there was an infringement of Article 5(2) of
Annex XIII
the
to the Staff Regulations of Officials of
European Communities by the non-recognition of seniority
in grade in respect of the successful candidates in internal
competition B/277;

— find that there was a breach of the principle of equal treat-
ment and that of sound administration resulting both from

Parties

Applicant:
sented by: B. Karthaus, lawyer)

Jan Kuchta (Frankfurt am Main, Germany)

(repre-

Defendant: European Central Bank

Form of order sought

— order the defendant to pay the applicant damages in the

sum of EUR 1;

— declare

that

the decision addressed to the

applicant
concerning the annual salary and bonus review (ASBR) for
2006 of 31 December 2006 is invalid;

— order the defendant to pay the applicant's out-of-court costs.

Pleas in law and main arguments

The action concerns an infringement of provisions of data
protection law inasmuch as the applicant's staff report for 2006
was forwarded in full to his new superior without his knowl-
edge.