Case F-103/05: Judgment of the Civil Service Tribunal (First Chamber) of 23 April 2008 — Pickering v Commission (Staff case — Officials — Remuneration — Correction coefficients — Transfer of part of remuneration out of the country of employment — Pensions — Default proceedings — Temporal application of the Tribunal's Rules of Procedure — Pay slips — Plea of illegality — Equal treatment of officials — Principle of protection of legitimate expectations, acquired rights, principle of legal certainty and the duty to have regard for the interests of officials — Obligation to state reasons)
Date: 2008-04-23
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, capital transfer, equal treatment, pay, pension scheme, regulations for civil servants

C 142/38

EN

Official Journal of the European Union

7.6.2008

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
23 April 2008 — Pickering v Commission

Judgment of the Civil Service Tribunal (First Chamber) of
23 April 2008 — Bain and Others v Commission

(Case F-103/05) (1)

(Case F-112/05) (1)

(Staff case — Officials — Remuneration — Correction coeffi-
cients — Transfer of part of remuneration out of the country
of employment — Pensions — Default proceedings —
Temporal application of the Tribunal's Rules of Procedure —
Pay slips — Plea of illegality — Equal treatment of officials
— Principle of protection of legitimate expectations, acquired
rights, principle of legal certainty and the duty to have regard
for the interests of officials — Obligation to state reasons)

(2008/C 142/70)

Language of the case: French

(Staff case — Officials — Remuneration — Correction coeffi-
cients — Transfer of part of remuneration out of the country
of employment — Pensions — Default proceedings —
Temporal application of the Tribunal's Rules of Procedure —
Pay slips — Plea of illegality)

(2008/C 142/71)

Language of the case: French

Parties

Parties

Applicant(s): Stephen Pickering (La Hulpe, Belgium) (represented
by: N. Lhoëst, lawyer)

Applicants: Neil Bain (Brussels, Belgium), Obhijit Chatterjee
(Brussels, Belgium), Richard Fordham (Bergen, Netherlands),
Roger Hurst (Bergen, Netherlands), (represented by: N. Lhoëst,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and D. Martin, Agents)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and D. Martin, Agents)

Re:

Re:

Annulment of
the applicant's pay slips for the months of
December 2004 and January and February 2005, and of all
subsequent pay slips,
in so far as they apply the allegedly
unlawful provisions of Regulation No 723/2004 amending the
Staff Regulations of Officials, concerning the transfer of part of
remuneration to the official's country of origin (formerly Case
T-393/05).

Annulment of
the applicants' pay slips for the months of
February, March and April 2005, and of all subsequent pay
slips, in so far as they apply the allegedly unlawful provisions of
Regulation No 723/2004 amending the Staff Regulations of
Officials, concerning the transfer of part of remuneration to the
official's country of origin (formerly Case T-419/05).

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

Operative part of the judgment

The Tribunal:

1. Dismisses the action as inadmissible;

2. Orders the parties to bear their own costs.

2. Orders the parties to bear their own costs.

(1) OJ C 10 of 14.1.2006, p. 27 (Case originally registered at the Court
of First
the European Communities under number
T-393/05 and transferred to the European Union Civil Service
Tribunal by order of 15 December 2005).

Instance of

(1) OJ C 48 of 25.2.2006, p. 36 (Case originally registered at the Court
of First
the European Communities under number
T-419/05 and transferred to the European Union Civil Service
Tribunal by order of 15 December 2005).

Instance of