Case F-61/05: Judgment of the Civil Service Tribunal (Second Chamber) of 24 April 2008 — Dalmasso v Commission (Staff case — Contract staff — Recruitment — Grading in function group — Application for review of grade and remuneration set on recruitment — Former auxiliary staff member employed as contract staff member — Article 3a and Article 80(2) and (3) of the CEOS — Duties falling under different function groups — Equal treatment — Action unfounded)
Date: 2008-04-24
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, contract staff, pay, personnel administration

C 209/68

EN

Official Journal of the European Union

15.8.2008

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 24 April 2008 — Dalmasso v Commission

Judgment of the Civil Service Tribunal

(Full Court) of

24 June 2008 — Cerafogli and Paolo Poloni v ECB

(Case F-61/05) (1)

(Case F-116/05) (1)

(Staff case — Contract staff — Recruitment — Grading in
function group — Application for review of grade and remu-
neration set on recruitment — Former auxiliary staff member
employed as
staff member — Article 3a and
Article 80(2) and (3) of the CEOS — Duties falling under
treatment — Action
different

function groups — Equal

contract

unfounded)

(2008/C 209/122)

Language of the case: French

Parties

Applicant: Raffaelle Dalmasso (Schaerbeek, Belgium) (represented
by: L.Vogel, lawyer)

(Staff Case — ECB Staff — Remuneration — Method of
calculation of annual salary adjustment — Enforcement of a
judgment of the Community judicature — Confirmatory act
— Inadmissibility)

(2008/C 209/123)

Language of the case: French

Parties

Applicants: Maria Concetta Cerafogli
Poloni
(Frankfurt am Main, Germany) (represented by: G. Vandersanden
and L. Levi, lawyers)

Paolo

and

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

Defendant: European Central Bank (ECB)
F. Malfrère and K. Sugar, Agents and H.-G. Kamann, lawyer)

(represented by:

Intervener in support of the defendant: Council of the European
Union (represented by M. Arpio Santacruz and I. Sulce, agents)

Re:

Re:

Staff case — First, annulment of the Commission's decision
rejecting the complaint submitted by the applicant, a former
member of the auxiliary staff, against the decision fixing his
grade and remuneration as a contract
staff member and,
secondly, an application for damages (formerly T-269/05)

First, annulment of the applicants' respective remuneration slips
for the month of July 2001, as drawn up by the European
Central Bank in May 2005, in enforcement of the judgment of
the Court of First Instance of 20 November 2003 in Case
T-63/02 Cerafolgi and Poloni v ECB and, second, a claim for
damages.

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 each party to bear its own costs.

2. Orders each party to bear its own costs.

(1) OJ C 229 of 17.9.2005, p. 30 (case initially registered before the
Court of First Instance of the European Communities as T-269/05
and transferred to the Civil Service Tribunal by order dated
15.12.2005).

(1) OJ C 48, 25.2.2005 (case initially lodged before the Court of First
Instance of the European Communities as Case T-431/05 and trans-
ferred to the European Union Civil Service Tribunal by order of
15.12.2005).