Case T-266/08 P: Appeal brought on 9 July 2008 by Petrus Kerstens against the judgment of the Civil Service Tribunal delivered on 8 May 2008 in Case F-119/06, Kerstens v Commission
Date: 2008-07-09
Institutions: Court of First Instance
Subjects: European Commission, action by staff, appeal, appointment of staff, reassignment, staff assessment

27.9.2008

EN

Official Journal of the European Union

C 247/13

Defendant: Commission of the European Communities (repre-
sented by: N. Bambara and E. Manhaeve, agents and by P.
Wytinck, lawyer)

Re:

interim measures, essentially to permit

the
Application for
Centre de langues à Louvain-la-Neuve et
-en-Woluwe (CLL
Centres de Langues) to participate in the tendering procedure
ADMIN/D1/PR/2008/004 regarding the
‘Language
training for staff at the European Union (EU) institutions, bodies
and agencies in Brussels’ and to suspend the Commission's deci-
sion to exclude it until the Court has ruled on the action for
annulment of that decision.

contract

Operative part of the order

1. The application for interim measures is rejected.

2. Costs are reserved.

Appeal brought on 9 July 2008 by Petrus Kerstens against
the judgment of the Civil Service Tribunal delivered on
8 May 2008 in Case F-119/06, Kerstens v Commission

(Case T-266/08 P)

(2008/C 247/25)

Language of the case: French

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by C.
Mourato, lawyer)

Other party to the proceedings: Commission of
Communities

the European

Form of order sought by the appellant

— Annul the contested judgment;

Payment of
Individual Entitlements altering the organisation
chart of that office, inasmuch as that decision had the effect of
reassigning the appellant, then Head of the ‘Resources’ unit, to a
research position and (ii) damages in compensation for the
damage allegedly suffered.

In support of his action, a ground of appeal relied on by the
appellant is that the Tribunal distorted the clear sense of the
facts and the evidence and committed an error of
law in
applying Article 7 of the Staff Regulations and the regulations
on disciplinary measures and misuse of powers in that the
Tribunal concluded that there was no infringement of Article 7
on the basis of inaccurate findings of fact.

The appellant further claims that the Tribunal did not provide
an adequate statement of reasons in the contested judgment in
respect of the assessment made by the Office for Administration
and Payment of Individual Entitlements of the interests of the
service and in respect of the creation of an additional research
department in the light of the Office's chronic shortage of staff.

Thirdly, the appellant considers that his rights of defence were
infringed, inasmuch as the reasoning of the Tribunal on several
points was based on the appellant's career development report
for the period from 1 January to 31 December 2006, lodged for
the first time by the Commission at the hearing, and the appel-
lant had no opportunity to express his point of view in relation
to that reasoning.

Action brought on 9 July 2008 — Région Nord-Pas-de-
Calais v Commission

(Case T-267/08)

(2008/C 247/26)

Language of the case: French

Parties

Applicant: Région Nord-Pas-de-Calais
Cliquennois and F. Cavedon, lawyers)

(represented by: M.

— refer the case back to the European Union Civil Service

Defendant: Commission of the European Communities

Tribunal;

— order the Commission to pay the costs.

Pleas in law and main arguments

By this appeal the appellant seeks the annulment of the judg-
ment of the Civil Service Tribunal (the Tribunal) of 8 May 2008
in Case F-119/06 Kerstens v Commission dismissing the appel-
lant's action seeking (i) annulment of the decision of 8 December
the Office for Administration and
2005 of

the Board of

Form of order sought

— annul the decision C (2008) 1089 final of the Commission
of the European Communities of 2 April 2008, concerning
State Aid No C 38/2007 (ex NN 45/2007) implemented by
France in favour of Arbel Fauvet Rail SA;

— order the Commission of the European Communities to pay

the costs.