Case T-360/07 P: Appeal brought on 19 September 2007 by Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 5 July 2007 in Case F-24/06 Abarca Montiel and Others v Commission
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), early childhood, equal treatment, family benefit, health care profession, pay, personnel administration, servant (EU)

24.11.2007

EN

Official Journal of the European Union

C 283/31

Appeal brought on 19 September 2007 by Commission of
the European Communities against the judgment of the
Civil Service Tribunal delivered on 5 July 2007 in Case
F-26/06, Bertolete and Others v Commission

The second plea alleges breach of the principle of the obligation
to state reasons in that the Civil Service Tribunal did not rule
on the concept of remuneration.

(Case T-359/07 P)

(2007/C 283/57)

Language of the case: French

Appeal brought on 19 September 2007 by Commission of
the European Communities against the judgment of the
Civil Service Tribunal delivered on 5 July 2007 in Case
F-24/06 Abarca Montiel and Others v Commission

Parties

Appellant: Commission of the European Communities (repre-
sented by: D. Martin and L. Lozano Palacios, acting as Agents)

Other parties
to the proceedings: M. Bertolete (Wolowé-Saint-
Lambert, Belgiun), A.P. Cunha Correia (Koekelberg, Belgium), M.
Lichteveld (Wavre, Belgium), M. Mozelsio (Enghien, Belgium), F.
Orlando (Anderlecht, Belgium), F. Pendville (Etterbeek, Belgium),
(Auderghem,
(Bocholt, Belgium), D. Sneessens
B. Simons
Belgium), S. Voisin (Forest, Belgium)

Parties

(Case T-360/07 P)

(2007/C 283/58)

Language of the case: French

Form of order sought by the appellant

Appellant: Commission of the European Communities (repre-
sented by D. Martin and L. Lozano Palacios, Agents)

— Annul the judgment of the Civil Service Tribunal of 5 July

2007 in Case F-26/06;

— refer the case back to the Civil Service Tribunal;

— reserve the costs;

— in the alternative, annul the judgment of the Civil Service
Tribunal of 5 July 2007 in Case F-26/06 and, in determining
the present case itself, grant the forms of order sought by
the defendant at first instance, and therefore, dismiss the
action in Case F-26/06; order the defendant in the appeal to
pay the costs.

Pleas in law and main arguments

By judgment of 5 July 2007 in Case F-26/06, Bertolete and
Others v Commission, the Civil Service Tribunal (CST) annulled
the decisions by which the Commission fixed the applicants'
grading and remuneration under contracts for members of the
contract staff. The applicants, former salaried employees under
Belgian law, were engaged as nursery school teachers following
a change to the regime applicable to other servants of
the
Communities.

C.

Blancke

Belgium), V.

(Wauthier-
Other parties to the proceedings: S. Abarca Montiel
Braine, Belgium), K. Adams (Wavre, Belgium), M. Alvarez y
Bejerano (Sint-Pieters-Leeuw, Belgium), C. Baesens (Brussels,
Belgium),
Bruneel
(Brussels,
(Kampenhout, Belgium), G. Butera (Rebecq, Belgium), C. Clarie
(Denderhoutem, Belgium), G. Gallo (Zellik-Asse, Belgium), C.
Gilis (Ganshoren, Belgium), I. Gillard (Gingelom, Belgium), C.
Kremer (Laeken, Belgium), D. Maris (Schaerbeek, Belgium), M.
Menacho y Sanchez (Zellik-Asse, Belgium), R. Thiry (Herstal,
Belgium),
(Brussels, Belgium), R. Tuts
(Boutersem, Belgium), E. Tzikas (Anderlecht, Belgium), C. Van
Droogenbroeck
(Liernu,
Belgium)

(Eghezee, Belgium), C. Willems

S. Timmermans

Form of order sought by the appellant

— Set aside the judgment of the Civil Service Tribunal of 5 July

2007 in Case F-24/06;

— Refer the case back to the Civil Service Tribunal;

— Reserve the costs;

The Commission's first plea in support of its appeal alleges an
error of law in that the Civil Service Tribunal misconstrued the
scope of the principle of equal treatment in its interpretation of
the applicable provisions, in particular in relation to the defini-
tion used by the Commission to include family allowances in
the definition of remuneration.

— In the alternative, set aside the judgment of the Civil Service
Tribunal of 5 July 2007 in Case F-24/06 and, ruling itself
on the dispute, allow the form of order sought by the defen-
dant at first instance and, accordingly, dismiss the action in
Case F-24/06; order the respondents to pay costs.

C 283/32

EN

Official Journal of the European Union

24.11.2007

Pleas in law and main arguments

— reserve the costs;

By judgment of 5 July 2007 delivered in Case F-24/06 Abarca
Montiel and Others v Commission,
the Civil Service Tribunal
annulled the decisions by which the Commission fixed the clas-
sification and remuneration of
their
the applicants under
contracts as members of
the contract staff. The applicants,
former salaried employees under Belgian law, were taken on as
nursery attendants following a change in the conditions of
employment of other servants of the Communities.

The Commission's first plea in support of its appeal alleges an
error of law by the Tribunal in so far as it failed to have proper
regard for the scope of the principle of equality of treatment in
its interpretation of the applicable provisions, in particular with
regard to the approach followed by the Commission of
including family allowances in the concept of remuneration.

The second plea alleges infringement of
the principle that
reasons must be stated in so far as the Civil Service Tribunal
failed to rule on the concept of remuneration.

Appeal brought on 19 July 2007 by Commission of the
European Communities against the judgment of the Civil
Service Tribunal delivered on 5 July 2007 in Case F-25/06,
Ider and Others v Commission

(Case T-361/07 P)

(2007/C 283/59)

Language of the case: French

— in the alternative, annul the judgment of the Civil Service
Tribunal of 5 July 2007 in Case F-25/06 and, in determining
the present case itself, grant the forms of order sought by
the defendant at first instance, and therefore, dismiss the
action in Case F-25/06; order the defendant in the appeal to
pay the costs.

Pleas in law and main arguments

By judgment of 5 July 2007 in Case F-25/06, Ider and Others v
Commission, the Civil Service Tribunal (CST) annulled the deci-
sion by which the Commission fixed Ms Ider's remuneration
under a contract for a member of the contract staff. The appli-
cants,
salaried employees under Belgian law, were
engaged as temporary members of staff entrusted with executive
duties following a change to the regime applicable to other
servants of the Communities.

former

The Commission's first plea in support of its appeal alleges an
error of law in that the Civil Service Tribunal misconstrued the
scope of the principle of equal treatment in its interpretation of
the applicable provisions, in particular in relation to the defini-
tion used by the Commission to include family allowances in
the definition of remuneration.

The second plea alleges breach of the principle of the obligation
to state reasons in that the Civil Service Tribunal did not rule
on the concept of remuneration.

Action brought on 17 September 2007 — Thomson Sales
Europe v Commission

Parties

Appellant: Commission of the European Communities (repre-
sented by: D. Martin and L. Lozano Palacios, Agents)

Ider (Halle, Belgium), M.-C.
Other party to the proceedings: B.
Desorbay (Meise, Belgium) and L. Noschese (Braine-le-Château,
Belgium)

(Case T-364/07)

(2007/C 283/60)

Language of the case: French

Form of order sought by the appellant

Parties

— Annul the judgment of the Civil Service Tribunal of 5 July

2007 in Case F-25/06;

Applicant: Thomson Sales Europe (Boulogne-Billancourt, France)
(represented by: F. Goguel and F. Foucault, lawyers)

— refer the case back to the Civil Service Tribunal;

Defendant: Commission of the European Communities