Case F-138/07: Action brought on 6 December 2007 — Van Arum v Parliament
Date: 2007-12-06
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, professional career, staff assessment

C 92/48

EN

Official Journal of the European Union

12.4.2008

Order of the Civil Service Tribunal (First Chamber) of
25 February 2008 — Anselmo v Council

(Case F-85/07) (1)

brought by the applicant against a decision of the appointing
authority which refused him entitlement to certain benefits, and
(ii) order that
the defendant pay compensation and default
interest

(Staff case — Officials — Recruitment — Appointment —
Grading — Successful candidates in an internal competition
— New evidence — Lack — Manifestly inadmissible)

Form of order sought

(2008/C 92/96)

Language of the case: French

Parties

Applicants: Anselmo (Brussels, Belgium) and Others (represented
by: S.A. Pappas, lawyer)

Defendant: Council of the European Union

Re:

the decisions of

Annulment of
the appointing authority
rejecting the complaints introduced by the applicants, successful
candidates in internal competition B/277, because of discrimina-
tion which they maintain that they suffered in comparison with
officials who benefited from the attestation procedure.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Each party is ordered to pay its own costs.

(1) OJ C 269, 10.11.2007, p. 71.

— Annul in part the decision of the appointing authority of
12 July 2007 to the extent that it dismisses the application
for benefits brought by the applicant
in terms of his
complaint of 19 March 2007, and to the extent that it
rejects the principle of default
from
29 April 2003 on benefits which might be awarded to the
applicant under Article 73 of the Staff Regulations;

interest calculated,

— Order the defendant to pay compensation of EUR 2 000,
with the addition of interest at the rate of 6 %, to date from
19 March 2007, but subject to any subsequent increase,
decrease or specification;

— Order the defendant to pay to the applicant default interest,
at the rate of 6 % per annum, on all benefits which might
subsequently be awarded to him under Article 73 of the
Staff Regulations;

— Order the Commission of the European Communities to

pay the costs.

Action brought on 6 December 2007 — Van Arum v
Parliament

(Case F-138/07)

(2008/C 92/98)

Language of the case: Dutch

Action brought on 9 November 2007 — Hecq v
Commission

(Case F-133/07)

(2008/C 92/97)

Language of the case: French

Parties

Applicant: Rinse van Arum (Winksele, Belgium) (represented by:
W. van den Muijsenbergh, lawyer)

Defendant: European Parliament

Parties

Applicant: André Hecq (Chaumont-Gistoux, Belgium)
sented by: L. Vogel, lawyer)

(repre-

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

(i) annulment of the decision of the appointing authority of
it dismisses a complaint
12 July 2007 to the extent

that

The subject-matter and description of the proceedings

the decision of

(i) The applicant seeks an alteration of
the
appointing authority to award him one merit point to a decision
to award him two merit points, and alternatively, annulment of
that decision and an order that the appointing authority send to
the Tribunal all of the papers and documents on the basis of
which the contested decision was taken. (ii) The applicant seeks
an order that the defendant pay to him the token sum of one
euro in compensation.

12.4.2008

EN

Official Journal of the European Union

C 92/49

Form of order sought

Action brought on 20 December 2007 — Maniscalco v
Commission

— alter the decision to award him one merit point to a deci-

sion to award him two merit points;

— alternatively, order the appointing authority to send to the
Tribunal all of the papers and documents on the basis of
which the Director General made his decisions of
7 September and 23 November 2006 and annul those deci-
sions together with the decision of the joint committee;

— order the appointing authority to pay to the applicant in

compensation a token sum of one euro;

Parties

(Case F-141/07)

(2008/C 92/100)

Language of the case: Italian

— order the European Parliament to pay the costs.

Action brought on 10 December 2007 — Van Arum v
Parliament

(Case F-139/07)

(2008/C 92/99)

Applicant: Daniele Maniscalco (Rome, Italy) (represented by: C.
Cardarello and F. D'amora, avvocati)

Defendant: Commission of the European Communities

Re

Annulment of the decision to recruit the applicant in Function
Group IV, at Grade 13, step 1.

Forms of order sought

Language of the case: Dutch

— annul decision ADMIN.B.2/OG/jmt/D(07)23504;

Parties

Applicant: Rinse Van Arum (Winksele, Belgium) (represented by:
W. van den Muijsenbergh, lawyer)

Defendant: European Parliament

The subject-matter and description of the proceedings

its annulment. As a further alternative,

(i) The applicant seeks alteration of his Staff Report and, alterna-
tively,
the applicant
seeks an order that all evidence supporting certain contested
remarks in his Staff Report be disclosed to him and that the
Tribunal rule on the contested facts and marking. (ii) The appli-
cant seeks an order that the appointing authority pay to him a
token sum of one euro in compensation.

Form of order sought

— Alter the Staff Report;

— Alternatively, annul the report in its entirety;

— As a further alternative, order that all evidence supporting
certain contested remarks in the Staff Report be disclosed to
the applicant and rule on the contested facts and marking;

— Order the appointing authority to pay to him a token sum

of one euro in compensation;

Parties

— declare the claim for recruitment at a higher grade and for
payment of the resulting difference in salary as at the date of
establishment of the report recognising the applicant's enti-
tlement to recruitment at grade 16 to be well founded

— order the Directorate General for Personnel and administra-
tion — Directorate A — Staff and Careers to pay the sum
owed, with interest and costs, corresponding to the differ-
ence between a grade 13 salary and the grade 16 salary to
which the applicant was entitled;

— appoint

the applicant

the future at grade 16 as a
member of the contract staff in the appropriate step for the
number of years' experience he has.

for

Action brought on 21 December 2007 — Yannoussis v
Commission

(Case F-143/07)

(2008/C 92/101)

Language of the case: French

— Order the European Parliament to pay the costs.

Applicant: Georgios Yannoussis (Brussels, Belgium) (represented
by: A. Pappas, lawyer)

Defendant: Commission of the European Communities