Case F-135/07: Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 — Smadja v Commission (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 proportionality — Principle of the protection of legitimate expectations — Duty to have regard to the welfare of officials)
Date: 2008-09-11
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, administrator, appointment of staff, indemnification, personnel administration

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

6.12.2008

EN

Official Journal of the European Union

C 313/59

Operative part of the judgment

The Tribunal:

Action brought on 13 October 2008 — Ketselidou v
Commission

1. Annuls the decision of the Commission of the European Commu-
nities of 21 December 2006, placing Ms Smadja in grade A*15,
step 1, with seniority in step as at 1 November 2005;

2. Orders the Commission of the European Communities to pay all

the costs.

(1) OJ C 37, 9.2.2008, p. 35.

Parties

(Case F-81/08)

(2008/C 313/108)

Language of the case: French

Applicant: Zoe Ketselidou (Brussels, Belgium) (represented by: S.
Pappas, lawyer)

Defendant: Commission of the European Communities

Action brought on 13 October 2008 — Wenig v
Commission

Subject-matter and description of the proceedings

(Case F-80/08)

(2008/C 313/107)

Language of the case: French

Parties

Applicant: Fritz Harald Wenig (Woluwe Saint-Pierre, Belgium)
(represented by: G.-A. Dal, D. Voillemot, D. Bosquet, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of
the Commission's decision to
suspend the applicant and to order EUR 1 000 per month to be
withheld from his remuneration.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Commission's decision of 18 September 2008 to
suspend the applicant and to order EUR 1 000 per month
to be withheld from his remuneration, pursuant to Arti-
cles 23 and 24 of Annex IX to the Staff Regulations of Offi-
cials of the European Communities;

— Order the Commission of the European Communities to

pay the costs.

Annulment of the decision rejecting the applicant's request for
revision of the calculation of the pension annuities to be taken
for the transfer of pension rights acquired in
into account
Greece to the Community scheme.

Form of order sought

— Annul the decision dated 10 January 2008 in which the
Appointing Authority rejected the applicant's request for
revision of the calculation of the pension annuities that she
had acquired in the pension scheme of the institutions of
the European Communities as a result of the transfer of
pension rights by Greek social security institutions;

— Order the Commission of the European Communities to

pay the costs.

Action brought on 10 October 2008 — Gheysens v
Council

(Case F-83/08)

(2008/C 313/109)

Language of the case: French

Parties

Applicant: Johan Gheysens (Mechelen, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union