Case F-54/07: Judgment of the Civil Service Tribunal (Second Chamber) of 26 June 2008 — Joseph v Commission (Staff cases — Contract staff — Action out of time — Unforeseeable circumstances — Recruitment — Articles 3a, 3b and 85 of the CEOS — Duration of the contract — Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services — Article 12 of the GIP on the procedures governing the engagement and the use of contract staff at the Commission — Equal treatment)
Date: 2008-06-26
Institutions: Civil Service Tribunal
Subjects: European Investment Bank, action by staff, professional career, promotion, psychological harassment, staff assessment

15.8.2008

EN

Official Journal of the European Union

C 209/71

Judgment of the Civil Service Tribunal (Second Chamber)
of 22 May 2008 — Pascual-García v Commission

Judgment of the Civil Service Tribunal (Second Chamber)
of 26 June 2008 — Joseph v Commission

(Case F-145/06) (1)

(Case F-54/07) (1)

(Staff case — Open competition — Conditions of eligibility
— Required professional experience — Refusal to recruit a
candidate on the reserve list — Discretion of selection board
and appointing authority)

(2008/C 209/129)

Language of the case: French

(Staff cases — Contract staff — Action out of time — Unfor-
eseeable circumstances — Recruitment — Articles 3a, 3b
and 85 of the CEOS — Duration of the contract — Commis-
sion Decision of 28 April 2004 on the maximum duration for
the recourse to non-permanent staff
in the Commission
services — Article 12 of the GIP on the procedures governing
the
the

engagement and the use of

staff at

contract
Commission — Equal treatment)

Parties

Applicant: Cesar Pascual-García (Madrid, Spain) (represented by:
B. Cortese and C. Cortese, lawyers)

Parties

(2008/C 209/130)

Language of the case: French

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

Re:

the Joint Research Centre of

Annulment of the decision of 7 April 2006 of the Director
General of
the Commission
refusing to take the applicant's application into consideration
for the post referred to in vacancy notice COM/2005/2969 —
B/3/B*11 — IHCP — Ispra, and adding a comment in the
reserve
informing the
competition EPSO/B/23/04,
Commission's departments that the applicant does not meet the
conditions of eligibility for that competition

list of

Operative part of the judgment

The Tribunal:

Applicant: Anne Joseph (Damascus, Syria) (represented by: N.
Lhoëst and S. Fernandez, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and L. Lozano Palacios, Agents)

Re:

Application for annulment of the contract employing the appli-
cant as a member of the contract staff, in so far as its duration
is not fixed at 3 years but at 15 months, on the basis, first, of
the Commission decision of 28 April 2004 relating to the
maximum duration for the recourse to non-permanent staff in
the Commission services and, secondly, on Article 12 of the
General Implementing Provisions on the procedures governing
the engagement and the use of the contract staff at the Commis-
sion.

1. annuls the decision of 7 April 2006 of the Director General of the
Joint Research Centre (JRC) of the Commission of the European
Communities refusing to take the application of Mr Pascual-García
into consideration for vacancy notice COM/2005/2969, and
the open competition
in the reserve list of
adding a comment
EPSO/B/23/04, informing the departments that the applicant did
not meet the conditions of eligibility for that competition;

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. orders the Commission of the European Communities to pay the

costs.

2. Orders each party to bear its own costs.

(1) OJ C 56 of 10.3.2007, p. 42

(1) OJ C 199, 25.8.2008, p. 50.