Case T-52/08 P: Appeal brought on 5 February 2008 by Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 22 November 2007 in Case F-110/06, Carpi Badía v Commission
Date: 2008-02-05
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, promotion, staff assessment

C 92/38

EN

Official Journal of the European Union

12.4.2008

Pleas in law and main arguments

Form of order sought by the appellant

By the present appeal, the Commission seeks annulment of the
judgment of 22 November 2007 in Case F-109/06 Dittert v
Commission, by which the Civil Service Tribunal (CST) annulled
its decision allocating to the applicant at first instance a number
of priority points insufficient for him to be promoted in promo-
tion year 2005 and its decision finalising the list of officials
promoted during that promotion year inasmuch as it does not
include the applicant's name.

In support of its appeal, the Commission raises three pleas in
law seeking annulment.

Firstly, the Commission submits that the CST wrongly applied
Article 45 of the Staff Regulations in that it attributed excessive
importance to the involvement of the Director General in the
procedure for allocating points,
thus restricting unduly the
discretion of the Appointing Authority following the finding
that
the lack of such involvement constituted a substantial
procedural error.

Secondly, the Commission submits that the CST infringed the
jurisdiction of the Appointing Authority in breach of Article 45
of the Regulations and exceeded its powers of judicial control
by addressing an instruction to the Appointing Authority.

Thirdly, the Commission alleges that the CST failed to give suffi-
cient reasons for the finding that the allocation to the applicant
at first instance of a certain number of priority points by the
Promotion Committee did not constitute an adequate remedy
for the procedural error classified by the Tribunal as ‘substantial’
consisting in the lack of involvement of the Director General.
Moreover, it claims that the CST based the contested judgment
on a distortion of the contents of minutes of a meeting of the
Promotion Committee.

— Annul

the judgment of

the Civil Service Tribunal of
22 November 2007 in Case F-110/06 Carpi Badía v Commis-
sion and refer the case back to the Civil Service Tribunal;

— order the respondent to pay the costs.

Pleas in law and main arguments

By the present appeal, the Commission seeks annulment of the
judgment of 22 November 2007 in Case F-110/06 Carpi Badía v
Commission, by which the Civil Service Tribunal (CST) annulled
its decision allocating to the applicant at first instance a number
of priority points insufficient for him to be promoted in promo-
tion year 2005 and its decision finalising the list of officials
promoted during that promotion year inasmuch as it does not
include the applicant's name.

In support of its appeal, the Commission raises three pleas in
law seeking annulment
to those raised in Case
identical
T-51/08 P Commission v Dittert.

Appeal brought on 8 February 2008 by Commission of the
European Communities against the judgment of the Civil
Service Tribunal delivered on 27 November 2007 in Case
F-122/06, Roodhuijzen v Commission

(Case T-58/08 P)

(2008/C 92/77)

Language of the case: French

Appeal brought on 5 February 2008 by Commission of the
European Communities against the judgment of the Civil
Service Tribunal delivered on 22 November 2007 in Case
F-110/06, Carpi Badía v Commission

Parties

(Case T-52/08 P)

(2008/C 92/76)

Language of the case: French

Parties

Appellant: Commission of the European Communities (repre-
sented by G. Berscheid and K. Herrmann, acting as Agents)

party

Other
(Luxembourg, Grand Duchy of Luxembourg)

proceedings:

the

to

José María Carpi Badía

Appellant: Commission of the European Communities (repre-
sented by J. Currall and D. Martin, acting as Agents)

party

Other
(Luxembourg, Grand Duchy of Luxembourg)

the proceedings: Anton Pieter Roodhuijzen

to

Form of order sought by the appellant

— Annul

the judgment of

the Civil Service Tribunal of
27 November 2007 in Case F-122/06 Roodhuijzen v Commis-
sion;

— dismiss the action brought by Mr Roodhuijzen;

— order that each party shall bear its own costs of the present
appeal and of the action before the Court of First Instance.