Case F-119/06: Judgment of the Civil Service Tribunal (Second Chamber) of 8 May 2008 — Kerstens v Commission (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)
Date: 2008-05-08
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, appointment of staff, reassignment, staff assessment

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.