Case F-94/07: Action brought on 21 September 2007 — Rebizant and Others v Commission
Date: 2007-11-24
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, promotion

24.11.2007

EN

Official Journal of the European Union

C 283/45

Form of order sought

Pleas in law and main arguments

The applicants claim that the Tribunal should:

— annul the decision of the appointing authority publishing
the list of officials promoted under the 2006 promotion
procedure, in so far as the Commission did not take into
account the applicants' eligibility for promotion in respect of
the 2006 promotion procedure and in so far as their names
are not included on the list of promoted officials;

— so far as necessary, annul the Commission's express deci-
sions of 6 June 2007 rejecting the complaint brought by the
applicants under Article 90(2) of the Staff Regulations of
Officials of the European Communities (‘the Staff Regula-
tions’) on 16 February 2007;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicants are relying on very similar pleas to those
advanced in Case F-92/07, the notice for which is published in
the same issue of the Official Journal of the European Union.

In support of their action, the applicants are relying on the
following pleas:

— infringement of Article 5(5) of

the Staff Regulations of
Officials of the European Communities (‘the Staff Regula-
tions’);

— infringement of Article 6(2) of the Staff Regulations and

Article 9 of Annex XIII thereof;

— infringement of the principle of equal treatment.

The applicants state that, by setting the promotion threshold to
Grade AD 13 at 98,5 for officials under the Research and JRC
budgets, the Commission failed to take into account, first, the
jobs which, under Article 9 of Annex XIII to the Staff Regula-
tions, were effectively vacant at the Research DG and the JRC
DG and, second, the specific nature of the situation of officials
covered by those budgets.

The applicants maintain that, by failing to do this, the Commis-
sion has failed to comply with its decision of 20 July 2005 on
the procedure for the promotion of officials remunerated from
the research section of the general budget, a decision which
aims to establish rules ensuring the principle of equal treatment
is observed between officials under the different budgets.

Action brought on 21 September 2007 — Rebizant and
Others v Commission

(Case F-94/07)

(2007/C 283/81)

Language of the case: French

Action brought on 24 September 2007 — De Fays v
Commission

(Case F-97/07)

(2007/C 283/82)

Language of the case: French

Parties

Jean Rebizant

Applicant:
(Karlsruhe, Germany) and Others
(represented by: S. Orlandi, A. Coolen, J.-N. Lois and E. Marchal,
lawyers)

Parties

Defendant: Commission of the European Communities

Applicant: Chantal De Fays (Brussels, Belgium) (represented by:
P.-P. Gehuchten and Ph. Reyniers, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

Form of order sought

— declare unlawful the decision fixing the promotion thresh-
olds towards grade AD 13 applicable to officials under the
‘Research’/‘Joint Research Centre’
(JRC) and ‘Operations’
budget;

— annul

the decision of

to
promote the applicants to grade AD 13 under the 2006
promotion procedure;

the appointing authority not

The applicant claims that the Tribunal should:

— annul the decision of the appointing authority of 21 June
2007 and, so far as necessary, its decision of 21 November
2006;

— order the Commission to pay the salaries suspended, plus

default interest;

— order the Commission to pay the costs.

— order the Commission to pay the costs.