Case F-50/08: Action brought on 19 May 2008 — Bartha v Commission
Date: 2008-05-19
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), appointment of staff, competition (EU), recruitment, servant (EU)

15.8.2008

EN

Official Journal of the European Union

C 209/73

Operative part of the order

Action brought on 5 June 2008 — De Nicola v EIB

1. The action is dismissed as partly manifestly inadmissible and partly

manifestly unfounded.

2. Mr Nijs is ordered to pay all the costs.

(1) OJ C 64, 8.3.2008, p. 68.

(Case F-55/08)

(2008/C 209/135)

Language of the case: Italian

Action brought on 19 May 2008 — Bartha v Commission

Parties

(Case F-50/08)

(2008/C 209/134)

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented
by: L. Isola, lawyer)

Language of the case: Hungarian

Defendant: European Investment Bank

Parties

Subject-matter and description of the proceedings

Applicant: Gábor Bartha (Brussels, Belgium)
P. Homoki, lawyer)

(represented by:

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision of EPSO not to include the appli-
cant's name in the reserve list of successful candidates in compe-
tition EPSO/AD/56/06.

Form of order sought

— Annul the decision of the selection board of the European
Personnel Selection Office (EPSO) of 19 November 2007
concerning the result of the competition ‘EPSO/AD/56/06
Administrators (AD5) of Hungarian citizenship’;

— Annul

the decision of

the EPSO selection board of
23 January 2008 rejecting the complaint concerning the
result of the competition;

An application, first, for annulment, in part, of the decision of
the Appeals Committee concerning the assessment of the appli-
cant for 2006 and, secondly, for a declaration that the applicant
has been the victim of harassment and intimidation at the work-
place (‘mobbing’) and an order that the defendant desist from
such conduct and compensate the applicant for the damage
suffered.

Form of order sought

— Annul

by

the

e-mail

decision

communicated

on
sent on
17 November 2007, a copy of which was
19 December 2007,
in so far as the Appeals Committee
rejected the applicant's appeal against the assessment made
by his superiors for 2006 in so far as it is based on the
assumption that the applicant had abandoned his claims
alleging irregularities in the assessment procedure for 2006
and,
the applicant
in so far as it contends that
accepted the criticisms made by his superiors;

finally,

— Annul the decision of the EPSO selection board of 31 March
2008 confirming the rejection of the complaint concerning
the result of the competition;

— render the promotions decided upon on 13 July 2007 void
in so far as the applicant was not considered for promotion
from Grade E to Grade D;

— Order the Defendant to make good the damage arising from

the decisions whose annulment is sought;

— Order the Commission of the European Communities to

pay the costs.

— annul all related, consequent and prior measures, including
the assessment of the applicant for 2006 in so far as it fails
to propose that he be given the mark A or B+ and his
promotion to Grade D and, if appropriate, declare that the
restrictions (both quantitative and non-quantitative) imposed
by the instructions given by the Directorate of Human
Resources are unlawful and to be disapplied;