Case F-27/08: Action brought on 29 February 2008 — Simões dos Santos v OHIM
Date: 2008-02-29
Institutions: Civil Service Tribunal
Subjects: European Union Intellectual Property Office, European official, action by staff, personnel administration, promotion, staff assessment

21.6.2008

EN

Official Journal of the European Union

C 158/25

Operative part of the order

1. The application for interim measures is dismissed;

2. Costs are reserved.

Action brought on 29 February 2008 — Simões dos Santos
v OHIM

(Case F-27/08)

(2008/C 158/45)

Language of the case: French

Action brought on 14 February 2008 — Wybranowski v
Commission

(Case F-17/08)

(2008/C 158/44)

Language of the case: Polish

Parties

Applicant: Manuel Simões dos Santos (Alicante, Spain) (repre-
sented by: A. Creus Carreras, lawyer)

Defendant: Office for Harmonisation in the Internal Market

Parties

Applicant: Andrzej Wybranowski (Warsaw, Poland) (represented
by: Z. Wybranowski, lawyer)

The subject-matter and description of the proceedings

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Application for amendment of the decision of 15 November
2007 of the selection board for competition EPSO/AD/60/06 to
award the applicant 20/50 points in the oral test and, conse-
quently, not to include him on the reserve list, and the decision
of 20 December 2007 of
the same selection board not to
increase the number of points obtained, after a review of the
oral test, by means of including the applicant on the reserve list.
In the alternative, an application for annulment of those deci-
sions and for an order that the defendant and/or competition
selection board adopt a new decision including the applicant on
the reserve list.

Form of order sought

The applicant claims that the Tribunal should:

— amend the decision of 15 November 2007 of the selection
board for competition EPSO/AD/60/06 to award the appli-
cant 20/50 points in the oral test and, consequently, not to
include him on the reserve list, and the decision of
20 December 2007 of the same selection board not to
increase the number of points obtained, after a review of the
oral test, by means of including the applicant on the reserve
list;

— in the alternative, annul those decisions and order the defen-
dant and/or competition selection board to adopt a new
decision including the applicant on the reserve list;

— order the Commission of the European Communities to pay

the costs.

Application for annulment of several decisions of the Office for
Harmonisation in the Internal Market in so far as they do not
correctly enforce the judgment in Case T-435/04, not granting
the applicant
the balance of points whose elimination was
annulled by the Court of First Instance, and for payment of
default interest on the amount corresponding to the difference
in salary which the applicant should have received.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the Office for Harmonisation in the
Internal Market of 3 December 2007 rejecting the complaint
brought by the applicant on 8 August 2007, and the deci-
sion No PERS-01-07 relating to the award of promotion
points under the 2003 promotion procedure, the decision
ADM-07-17 interpreting decision ADM-03-35 relating to
the career and promotion of officials and members of the
temporary staff and the letter of 15 June 2007, entitled,
‘Definitive awarding of 2007 promotion points adopted by
the Appointing Authority’;

— order OHIM to pay the applicant the default interest on the
amount corresponding to the difference in salary which he
should have received had the elimination of the balance of
his promotion points not occurred, calculated at a rate fixed
by the Court;

— order the Office for Harmonisation in the Internal Market to

pay the costs.