Case T-160/08 P: Appeal brought on 5 May 2008 by the Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 21 February 2008 in Case F-31/07, Putterie-De-Beukelaer v Commission
Date: 2008-05-05
Institutions: Court of First Instance
Subjects: European Commission, action by staff, appeal, equal treatment, personnel administration, regulations for civil servants, staff assessment

19.7.2008

EN

Official Journal of the European Union

C 183/23

arbitration clause contained in a contract concluded by or on
behalf of the Community, to Article 5(1) of Regulation (EC)
No 1406/2002 providing that the Agency shall be a body of
the Community, and to Article 225 EC providing that the Court
of Fist Instance shall have jurisdiction to hear and determine at
first instance actions or proceedings referred to in Article 238 EC.

— refer the case back to the CST;

— reserve the costs.

Pleas in law and main arguments

Moreover, the applicant submits that it seeks confirmation by
the Court that the Seat Agreement is an instrument of interna-
tional law within the sphere of Community law that binds the
Portuguese authorities and that cannot be unilaterally modified.
It further applies for a judgment concluding that the processing
of applications for motor vehicle registrations by its staff
members is in contradiction to the provisions of the Protocol
and that the Portuguese authorities are obliged to implement
the relevant provisions of
the Protocol within a reasonable
period of time. Finally, it claims that the Seat Agreement shall
not be interpreted in a way that the staff of the EMSA does not
enjoy at least the rights, with regards to vehicle registration, of
any EU national transferring its residence to Portugal.

(1) Regulation (EC) No 1406/2002 of the European Parliament and of
the Council of 27 June 2002 establishing a European Maritime
Safety Agency (OJ 2002 L 208, p. 1).

(2) Published in the Portuguese Official Journal No 224 of 22 September
2004, p. 6073, available on the EMSA's website http://www.emsa.
europa.eu/Docs/legis/protocol%20pt%20government%20and%
20emsa.pdf

Appeal brought on 5 May 2008 by the Commission of
the European Communities against the judgment of the
Civil Service Tribunal delivered on 21 February 2008 in
Case F-31/07, Putterie-De-Beukelaer v Commission

(Case T-160/08 P)

(2008/C 183/45)

Language of the case: French

Parties

By this appeal, the Commission requests that the judgment
of the Civil Service Tribunal (CST) of 21 February 2008 in Case
F-31/07 Putterie-De-Beukelaer v Commission,
in which the CST
annulled Ms Putterie-De-Beukelaer's Career Development Report
concerning the period from 1 January 2005 to 31 December
2005, be set aside in so far as that report does not acknowledge
her potential to carry out duties in category B*.

In support of its appeal, the Commission relies on a single plea
in law, alleging, first, infringement by the CST of the principles
relating to the scope of the review exercised by the Community
judicature of its own motion and, second, infringement of the
prohibition on adjudicating ultra petita.

The Commission submits that the CST was not entitled to raise
of its own motion a plea concerning the substantive legality of
the contested act alleging infringement of the respective scope
the
of Article 43 of
European Communities and Article 10(3) of Annex XIII
to
those regulations, since substantive pleas are not an absolute bar
to proceeding with an action.

the Staff Regulations of Officials of

In the alternative, the Commission claims that, in so far as para-
graphs 75 and 76 of
the judgment under appeal could be
considered separable from the plea alleging the substantive
legality of the contested measure and be categorised as a sepa-
rate plea alleging that the author of the contested act exceeded
its power, the CST infringed the Commission's rights of defence,
since the latter was not heard on that point in accordance with
Article 77 of the Rules of Procedure of the CST.

Action brought on 6 May 2008 — Ivanov v Commission

(Case T-166/08)

(2008/C 183/46)

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

Language of the case: French

Other party to the proceedings: Françoise Putterie-De-Beukelaer
(Brussels, Belgium)

Parties

Form of order sought by the appellant

Applicant: Vladimir Ivanov (Boulogne Billancourt, France) (repre-
sented by: F. Rollinger, lawyer)

— set aside the judgement under appeal;

Defendant: Commission of the European Communities