Case F-98/05: Judgment of the Civil Service Tribunal (Third Chamber) of 31 January 2008 — Di Bucci v Commission (Officials — Staff cases — Promotion — 2004 promotion exercise — Allocation of priority points — Application ratione temporis of provisions of the new staff regulations)
Date: 2008-01-31
Institutions: Civil Service Tribunal
Subjects: European official, action by staff, promotion

C 116/30

EN

Official Journal of the European Union

9.5.2008

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Third Chamber) of
31 January 2008 — Buendía Sierra v Commission

Judgment of the Civil Service Tribunal (Third Chamber) of
31 January 2008 — Di Bucci v Commission

(Case F-97/05) (1)

(Case F-98/05) (1)

(Staff cases — Officials — Promotion — 2004 Promotion
procedure — Award of priority points — Temporal application
of provisions of the new Staff Regulations)

(Officials — Staff cases — Promotion — 2004 promotion
exercise — Allocation of priority points — Application
ratione temporis of provisions of the new staff regulations)

(2008/C 116/55)

(2008/C 116/56)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant:
sented by: M. van der Woude and V. Landes, lawyers)

José Luis Buendía Sierra (Brussels, Belgium)

(repre-

Applicant: Vittorio Di Bucci (Brussels, Belgium) (represented by:
M. van der Woude and V. Landes, lawyers)

Defendant: Commission of the European Communities (repre-
Joris, Agents, assisted by
sented by: G. Berscheid and V.
D. Slater, lawyer)

Defendant: Commission of the European Communities (repre-
Joris, agents, and D. Slater,
sented by: G. Berscheid and V.
lawyer)

Re:

Re:

First, annulment of the decisions awarding priority points to the
applicant
in the 2004 Promotion procedure and, secondly,
annulment of the merit list of officials in Grade A*11 promoted
to Grade A*12 in the 2004 Promotion procedure

First, annulment of the decisions awarding promotion points to
the applicant in respect of the 2004 promotion exercise and,
second, annulment of the merit list of Grade A*11 officials
promoted to Grade A*12 in the 2004 promotion exercise

Operative part of the judgment

Operative part of the judgment

The Tribunal:

The Tribunal:

1. annuls the decision fixing Mr Buendía Sierra's total number of
points at the end of the 2004 Promotion procedure and the deci-
sion not to promote him in that procedure;

1. Annuls the decision fixing the total of Mr Di Bucci's promotion
points in the 2004 promotion exercise and the decision refusing
him promotion in that exercise.

2. dismisses the remainder of the claims in the action;

2. Dismisses the remainder of the action.

3. orders the Commission of the European Communities to pay all the

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

costs.

costs.

(1) OJ C 10, 14.1.2006, p. 24 (case initially registered before the Court
of First Instance of the European Communities under No T-380/05
and transferred to the European Civil Service Tribunal by order of
15 December 2005).

(1) OJ C 10, 14.1.2006, p. 24 (Case originally registered at the Court of
First Instance of the European Communities under T-381/05 and
transferred to the European Union Civil Service Tribunal by order of
15 December 2005).