Case F-68/06: Judgment of the Civil Service Tribunal (Second Chamber) of 3 April 2008 — Bakema v Commission (Staff case — Contract staff — Classification in grade — Function group IV — Diploma — Professional experience)
Date: 2008-04-03
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, servant (EU), staff regulations (EU), work contract

15.8.2008

EN

Official Journal of the European Union

C 209/69

Judgment of the Civil Service Tribunal (Second Chamber)
of 21 February 2008 — Semeraro v Commission

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and M.Velardo, agents)

(Case F-19/06) (1)

(Staff cases — Officials — Appraisal — Career development
report — 2003 appraisal procedure — Article 43 of the Staff
Regulations — Obligation to state reasons — Promotion —
Attestation procedure)

(2008/C 209/124)

Language of the case: French

Parties

Re:

First, annulment of the applicant's career development report
for 2004 and, secondly, a claim for damages.

Operative part of the judgment

The Tribunal:

Applicant: Maria Magdalena Semeraro (Brussels, Belgium) (repre-
sented by: L. Vogel, lawyer)

1. dismisses the action;

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and M. Velardo, Agents)

2. orders each party to bear its own costs.

Re:

Application for annulment of the Appointing Authority's deci-
sion of 8 November 2005 rejecting the applicant's complaint
against her Career Development Report for 2004

(1) OJ C 143 of 17.6.2006, p. 39.

Operative part of the judgment

The Tribunal:

Judgment of the Civil Service Tribunal (Second Chamber)
of 3 April 2008 — Bakema v Commission

1. Annuls Ms Serrano's career development report covering the period

from 1 January to 31 December 2004;

(Case F-68/06) (1)

2. Orders the Commission of the European Communities to pay all

the costs.

(Staff case — Contract staff — Classification in grade —
Function group IV — Diploma — Professional experience)

(1) OJ C 108, 6.5.2006, p. 30.

(2008/C 209/126)

Language of the case: English

Judgment of the Civil Service Tribunal (Second Chamber)
of 6 March 2008 — Skareby v Commission

(Case F-46/06) (1)

(Staff case — Officials — Appraisal — Career development
report — 2004 appraisal procedure — Objectives — Obliga-
tion to state reasons — Manifest error of assessment)

Parties

Applicant: Reint J. Bakema (Zuidlaren, Netherlands) (represented
by: L. Rijpkema and A. Kootstra)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and M. Velardo, agents)

(2008/C 209/125)

Language of the case: French

Re:

Parties

Applicant: Carina Skareby (Bichkek, Kirghizistan)
(represented
by: S. Rodrigues and Y. Minatchy, lawyers, then by S. Rodrigues
and C. Bernard-Glanz, lawyers)

Annulment of the Commission's Decision refusing to reclassify
the applicant from grade 14 to grade 16 in function group IV
and to regard his ‘kandidaatsdiploma’ as attesting to completed
university studies for the purposes of Article 82 of the CEOS
and of Article 2 of
the GPI concerning the procedures
governing the engagement and employment of contract staff by
the Commission

C 209/70

EN

Official Journal of the European Union

15.8.2008

Operative part of the judgment

2. Orders each party to bear its own costs.

The Tribunal:

1. Annuls

the decision by which the Authority Authorised to
Conclude Contracts of Engagement classified Mr Bakema in func-
tion group IV at grade 14, step 1, under the contract signed on
the
25 October 2005 recruiting him to the Commission of
European Communities as a member of the contract staff;

2. Dismisses the remainder of the application;

3. Orders each party to bear its own costs.

(1) OJ C 212 of 2.9.2006, p. 48

Judgment of the Civil Service Tribunal (Second Chamber)
of 24 April 2008 — Longinidis v Cedefop

(Case F-74/06) (1)

(Staff case — Members of the temporary staff — Reassign-
ment — Appeals Committee — Composition and internal
rules of procedure — Unfair behaviour — Dismissal — State-
ment of reasons — Manifest error of assessment — Misuse of
powers)

(2008/C 209/127)

Language of the case: Greek

(1) OJ C 237, 30.9.2006, p. 15.

Judgment of the Civil Service Tribunal (Second Chamber)
of 8 May 2008 — Kerstens v Commission

(Case F-119/06) (1)

(Staff case — Officials — Admissibility — Organisational
Chart — Act adversely affecting an official — Change of
posting — Change of duties — Interests of the service —
Equivalence of posts — Covert penalty — Misuse of powers)

(2008/C 209/128)

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by:
C. Mourato, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: K. Herrmann and M. Velardo, Agents)

Parties

Re:

Applicant: Pavlos Longinidis (Panorama, Greece) (represented by:
N. Korogiannakis and N. Keramidas, lawyers)

Defendant: European Centre for the Development of Vocational
Training (Cedefop)
(represented by: M. Fuchs, Agent, and
P. Anestis, lawyer)

First, annulment of the decision of 8 December 2005 of the
Board of the Office for Administration and Payment of Indivi-
dual Entitlements (PMO) amending the PMO's organisation
chart inasmuch as that decision had the effect of reassigning the
applicant, at that time head of the ‘Resources’ Unit, to a research
position and, second, a claim for damages.

Re:

the decision of

the Directorate of

the
First, annulment of
European Centre for the Development of Vocational Training
(Cedefop) of 30 November 2005 terminating the applicant's
indefinite term contract along with a series of decisions
concerning inter alia Cedefop's Appeals Committee and, second,
a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action as partly inadmissible and partly unfounded;

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 294, 2.12.2006, p. 68.