Case T-492/07 P: Appeal brought on 28 December 2007 by Carlos Sanchez Ferriz and Others against the judgment of the Civil Service Tribunal delivered on 17 October 2007 in Case F-115/06, Sanchez Ferriz and Others v Commission
Date: 2007-12-28
Institutions: Court of First Instance
Subjects: European Commission, European civil service, action for annulment (EU), professional career, promotion, regulations for civil servants

8.3.2008

EN

Official Journal of the European Union

C 64/47

Appeal brought on 28 December 2007 by Carlos Sanchez
Ferriz and Others against the judgment of the Civil Service
Tribunal delivered on 17 October 2007 in Case F-115/06,
Sanchez Ferriz and Others v Commission

the stage of the reply. They submit that that complaint had
already been mentioned in the claim and in the application, and
that the reply merely contains its amplification.

(Case T-492/07 P)

(2008/C 64/77)

Language of the case: French

Finally, the appellants submit that, contrary to the findings of
the Civil Service Tribunal,
they are affected in a concrete
manner and individually by the breach of the first paragraph of
Article 6 and of Article 10 (2) of Annex XIII to the Staff Regula-
tions and that accordingly their interest in bringing proceedings
is clear.

Parties

Isabele
Appellants: Carlos Sanchez Ferriz (Brussels, Belgium),
Chantraine (Brussels),
José De Viana Costa Ribeiro (Meise,
Belgium), Brigitte Housiaux (Ramillies, Belgium), Chantal Velle-
mans
(Brussels), Sylvie Schaack (Remich, Grand Duchy of
Luxembourg), Andrea Losito (Sandweiler, Grand Duchy of
(Luxembourg, Grand
Luxembourg), Marie-Josée Gaspar-Lis
Duchy of Luxembourg), Otálka Ferreira-Nielsen (Gostingen,
Grand Duchy of Luxembourg)
(represented by F. Frabetti,
lawyer)

Other party to the proceedings: Commission of
Communities

the European

Action brought on 28 December 2007 — Italy v
Commission

(Case T-494/07)

(2008/C 64/78)

Language of the case: Italian

Form of order sought by the appellant

Parties

— Annul the order of the Civil Service Tribunal of 17 October

2007 in Case F-115/06;

— Grant the claims of the applicants at first instance and,
accordingly, declare the action in Case F-115/06 admissible
and well-founded;

— In the alternative, refer the matter back to the Civil Service

Tribunal;

— Rule on the costs and order the Commission to pay the

costs.

Pleas in law and main arguments

In their appeal, the appellants seek the annulment of the order
the Civil Service Tribunal rejecting as inadmissible their
of
action for, principally, annulment of
the list of officials
promoted in the 2005 promotion year, in that that list does not
include the names of the appellants, and, as a subsidiary plea,
annulment of the decisions attributing priority points to them
for that year.

In support of their appeal, the appellants submit that, contrary
to the findings in the contested order, the general implementing
provisions of 26 April 2002, whose unlawfulness was raised at
first
instance, are directly connected in law to the present
dispute.

the Tribunal erred in law in
Furthermore,
they claim that
declaring the complaint alleging breach of
the GIP 45 of
23 December 2004 inadmissible because it was raised late at

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Defendant: Commission of the European Communities

Form of order sought

— annul Memorandum No 011140 of 18 October 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands — concerning
payments made by the Commission which differ from the
amount requested. Ref: DOCUP Toscana Ob. 2 (No CCI
2000 IT 16 2DO 001);

— annul Memorandum No 011538 of 29 October 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands — concerning
payments made by the Commission which differ from the
amount
requested. Ref: Programma Operativo Regionale
‘Campania’ 2000-2006 (No CCI 1999 IT 16 1PO 007);

— annul Memorandum No 011869 of 8 November 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands — concerning
Hungary,
payments made by the Commission which differ from the
amount
requested. Ref: DOCUP Piemonte 2000-2006
(No CCI 2000 IT 16 2DO 007);