Case F-19/08 R: Order of the President of the Civil Service Tribunal of 25 April 2008 — Bennett and Others v OHIM (Civil service — Interim measures — Application to suspend the operation of a measure — Competition notice — Urgency — None)
Date: 2008-04-25
Institutions: Civil Service Tribunal
Subjects: European Union Intellectual Property Office, action for annulment (EU), appointment of staff, competition (EU)

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.

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.