Case F-71/05: Judgment of the Civil Service Tribunal (Second Chamber) of 25 October 2007 — Milella and Campanella v Commission (Staff case — Officials — Elections — Staff Committee — Appointment of representatives of the Commission's Local Staff Committee for Luxembourg to the Central Staff Committee of the Commission — Principle of overall proportional allocation of election results — Action for annulment — Admissibility)
Date: 2007-12-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, action for annulment, election, works council

8.12.2007

EN

Official Journal of the European Union

C 297/47

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
and Campanella v
of 25 October 2007 — Milella
Commission

Judgment of the Civil Service Tribunal (Second Chamber)
of 18 October 2007 — Krčová v Court of Justice

(Case F-71/05) (1)

(Case F-112/06) (1)

(Staff case — Officials — Elections — Staff Committee —
Appointment of representatives of the Commission's Local
Staff Committee
for Luxembourg to the Central Staff
Committee of the Commission — Principle of overall propor-
tional allocation of election results — Action for annulment
— Admissibility)

(Staff case — Probationary official — Article 34 of the Staff
Regulations — Dismissal of a probationary official — Discre-
tion — Duty to state reasons — Duty to have regard to the
welfare of officials — Principle of sound administration)

(2007/C 297/94)

Language of the case: French

(2007/C 297/95)

Language of the case: French

Parties

Applicants: Arcangelo Milella (Niederanven, Luxembourg) and
Delfina Campanella (Luxembourg, Luxembourg) (represented by:
M.-A. Lucas, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer)

Applicant: Erika Krčová (Trnava, Slovakia)
Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

(represented by: S.

Re:

Annulment of
concerning the
the Commission decisions
appointment of representatives of the Local Staff Committee for
Luxembourg (LSCL) to the Central Staff Committee (CSC) and a
declaration that the LSCL's decisions are illegal.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Director General of the ‘Personnel and
Administration’ Directorate-General of
the
European Communities of 18 April 2005 inasmuch as it formally
the Commission's Local Staff
called on the representatives of
Committee for Luxembourg to abide by ‘[t]he indications which
appear in this decision’;

the Commission of

2. Annuls the decision of the Director General of the ‘Personnel and
the

the Commission of

Administration’ Directorate-General of
European Communities of 11 May 2005;

Defendant: Court of Justice of the European Communities (repre-
sented by: M. Schauss)

Re:

Annulment of the Court of Justice decision of 18 October 2005
dismissing the applicant at the end of her probationary period.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

3. Dismisses the remainder of the action;

4. Orders the Commission of the European Communities to pay the

2. Orders each party to bear its own costs.

costs.

(1) OJ C 229, 17.9.2005, p. 36.

(1) OJ C 281, 18.11.2006, p. 49.