Case F-33/07: Judgment of the Civil Service Tribunal (Third Chamber) of 5 March 2008 — Toronjo Benitez v Commission (Civil Service — Officials — Promotion — Former members of the temporary staff whose remuneration falls under research credits — Removal of points from the applicant's balance — Transfer of an official from the Research part to the Operational part of the general budget — Unlawfulness of Article 2 of the Commission's decision of 16 June 2004 on the promotion procedure for officials whose remuneration falls under the Research credits of the general budget)
Date: 2008-03-05
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, professional career, promotion, rights of civil servants, servant (EU), staff assessment

C 158/24

EN

Official Journal of the European Union

21.6.2008

Judgment of the Civil Service Tribunal (Third Chamber) of
5 March 2008 — Toronjo Benitez v Commission

Defendant: Council of the European Union (represented by: M.
Arpio Santacruz and M. Simm, Agents)

(Case F-33/07)

the

(Civil Service — Officials — Promotion — Former members
of
temporary staff whose remuneration falls under
research credits — Removal of points from the applicant's
balance — Transfer of an official from the Research part to
the Operational part of the general budget — Unlawfulness
of Article 2 of the Commission's decision of 16 June 2004 on
the promotion procedure for officials whose remuneration falls
under the ‘Research’ credits of the general budget)

(2008/C 158/41)

Language of the case: French

Parties

Applicant: Alberto Toronjo Benitez (Brussels, Belgium)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and K. Herrmann, Agents)

Re:

First, annulment of the Commission's decision to remove the
44,5 points from the applicant's balance which he had accumu-
lated as a member of the temporary staff and, second, a declara-
tion that Article 2 of the Commission's decision on the promo-
tion procedure for officials whose remuneration falls under the
‘Research’ credits of the general budget is unlawful.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

Judgment of the Civil Service Tribunal (Third Chamber) of
16 April 2008 — Doktor v Council

(Case F-73/07)

(Staff cases — Officials — Recruitment — Dismissal at the
end of the probationary period)

Re:

First, annulment of the decision of the Council's Appointing
Authority of October 2006 dismissing the applicant at the end
of his probationary period and, secondly, an application for
damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

Order of the President of the Civil Service Tribunal of
25 April 2008 — Bennett and Others v OHIM

(Case F-19/08 R)

(Civil service — Interim measures — Application to suspend
the operation of a measure — Competition notice — Urgency
— None)

(2008/C 158/43)

Language of the case: French

Parties

Applicants: Kelly-Marie Bennett
(represented by: G. Vandersanden, lawyer)

(Alicante, Spain) and Others

Defendant: Office for Harmonisation in the Internal Market
I. de
(Trade Marks and Designs)
Medrano Caballero and E. Maurage, Agents)

(represented by:

(OHIM)

(2008/C 158/42)

Language of the case: French

Re:

Parties

Applicant: Frantisek Doktor (Bratislava, Slovakia) (represented by:
S. Rodrigues, R. Albelice and C. Bernard-Glanz, lawyers)

Application to suspend the operation of Competition Notices
OHIMIAD/02/07 and OHIMIAST/02/07 until
judgment has
been delivered on the substance of the case, with the effect that
the applicants are not required to take part in the tests in those
competitions and that their contracts cannot be terminated by
reason of the fact that they are not on the reserve lists.