Case F-103/07: Judgment of the Civil Service Tribunal (Second Chamber) of 4 September 2008 — Duta v Court of Justice (Staff case — Temporary staff — Recruitment — Legal secretary — Article 2(c) of the CEOS — Act adversely affecting an official — Relationship of trust)
Date: 2008-09-04
Institutions: Civil Service Tribunal
Subjects: Court of Justice of the European Union, European official, General Court (EU), action by staff, equal treatment, personnel administration, professional career, staff assessment

C 313/58

EN

Official Journal of the European Union

6.12.2008

Judgment of the Civil Service Tribunal (Third Chamber) of
8 October 2008 — Barbin v Parliament

Defendant: Court of Justice of the European Communities (repre-
sented by: M. Schauss, Agent)

(Case F-81/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Consideration of comparative merits)

(2008/C 313/104)

Language of the case: French

Re:

Application for, first, annulment of the decision of 4 June 2007
of the committee of the Court of First Instance (CFI) authorised
to rule on complaints, rejecting the applicant's candidature for a
position as legal secretary in the chambers of a judge of the CFI
and, secondly, an application for the symbolic sum of EUR one
by way of damages for the harm suffered.

Parties

Applicant: Florence Barbin (Luxembourg, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

The Tribunal:

Defendant: European Parliament (represented by: A. Lukošiūtė
and R. Ignătescu, Agents, and, subsequently, by C. Burgos, A.
Lukošiūtė and R. Ignătescu, Agents)

1. Dismisses the action as inadmissible;

2. Orders the parties to bear their own costs.

Operative part of the judgment

Re:

(1) OJ C 315, 22.12.2007, p. 45, and OJ C 79, 29.3.2008, p. 39 (corri-

gendum).

Annulment of the decision of the European Parliament not to
promote the applicant to grade AD 12 pursuant to the 2006
promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the European Parliament of 20 November
2006 not to promote Ms Barbin pursuant to the 2006 promotion
procedure;

2. Orders the European Parliament to pay the costs.

(1) OJ C 247, 20.10.2007, p. 43.

Judgment of the Civil Service Tribunal (Second Chamber)
of 11 September 2008 — Smadja v Commission

(Case F-135/07) (1)

(Staff case — Officials — Recruitment — Appointment —
Classification by step — New appointment of the applicant to
the same post after his first appointment was annulled by
judgment of the Court of First Instance — Principle of propor-
tionality — Principle of the protection of legitimate expecta-
tions — Duty to have regard to the welfare of officials)

(2008/C 313/106)

Language of the case: French

Judgment of the Civil Service Tribunal (Second Chamber)
of 4 September 2008 — Duta v Court of Justice

Parties

(Case F-103/07) (1)

(Staff case — Temporary staff — Recruitment — Legal secre-
tary — Article 2(c) of the CEOS — Act adversely affecting
an official — Relationship of trust)

Applicant: Daniele Smadja (New Delhi, India) (represented by:
É. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and K. Herrmann, Agents)

(2008/C 313/105)

Language of the case: French

Re:

Parties

Applicant: Radu Duta (Luxembourg, Luxembourg) (represented
by: F. Krieg, lawyer)

First, annulment of the Commission decision appointing the
applicant, an official placed initially in Grade A*15, step 4, inas-
much as it places her in grade A*15, step 1 following her re-
appointment to the post of Director of Directorate B of RELEX
after the annulment of her first appointment, and, second, a
claim for non-material and material loss