Case T-359/07 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-26/06, Bertolete and Others v Commission
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), child care, equal treatment, family benefit, 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.