Case F-51/07: Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 — Bui Van v Commission (Staff case — Officials — Recruitment — Classification in grade and step — Improper classification — Withdrawal of a measure vitiated by illegality — Legitimate expectations — Reasonable time-limit — Rights of the defence — Right to sound administration)
Date: 2008-09-11
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, professional career, regulations for civil servants

6.12.2008

EN

Official Journal of the European Union

C 313/57

Judgment of the Civil Service Tribunal (Third Chamber) of
22 October 2008 — Tzirani v Commission

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

(Case F-46/07) (1)

(Case F-51/07) (1)

(Staff cases — Officials — Recruitment — Appointment in
grade — Promotion — Post of director — Rejection of candi-
dature — Implementation of a judgment annulling an
appointment decision — Admissibility)

(2008/C 313/102)

Language of the case: French

(Staff case — Officials — Recruitment — Classification in
grade and step — Improper classification — Withdrawal of a
measure vitiated by illegality — Legitimate expectations —
Reasonable time-limit — Rights of the defence — Right to
sound administration)

Parties

Applicant: Marie Tzirani (Brussels, Belgium) (represented by: É.
Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V.
Joris, agents, assisted by B.
Wägenbaur, lawyer)

Parties

(2008/C 313/103)

Language of the case: French

Re:

First, annulment of the decision adopted by the Commission of
the European Communities on 30 August 2006 to appoint
Mr D. J. to the post of Director of Directorate B ‘Staff Regula-
tions: Policy, Management and Advisory Services’ of the Directo-
rate-General
‘Personnel and Administration’ and conse-
quently to reject the applicant's candidature for that post; and,
secondly, an order that the Commission is to pay compensation
for the material and non-material damage allegedly suffered.

(DG)

Operative part of the judgment

The Tribunal:

1. annuls the decision of the Commission of the European Commu-
nities rejecting the candidature of Mrs Tzirani
for the post of
Director of Directorate B ‘Staff Regulations: Policy, Management
and Advisory Services’ of the Directorate-General (DG) ‘Personnel
and Administration’;

2. annuls the decision of the Commission of the European Commu-
nities, dated 30 August 2006, appointing Mr D. J. to the post of
Director of Directorate B ‘Staff Regulations: Policy, Management
and Advisory Services’ of the Directorate-General (DG) ‘Personnel
and Administration’;

3. orders the Commission of the European Communities to pay Mrs

Tzirani EUR 10 000 damages;

4.

for the rest, dismisses the action;

Applicant: Philippe Bui Van (Hettange-Grande, France)
sented by: S. Rodrigues and R. Albelice, lawyers)

(repre-

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and G. Berscheid, Agents)

Re:

First, annulment of the decision of the Director General of the
Commission's Joint Research Centre of 4 October 2006 in so
far as it reclassifies the applicant in Grade AST 3, whereas he
was initially classified in Grade AST 4 and, secondly, an applica-
tion for damages.

Operative part of the judgment

The Tribunal:

1. Orders the Commission of

the European Communities to pay

Mr Bui Van the sum of EUR 1 500 by way of damages;

2. Dismisses the action as to the remainder;

3. Orders Mr Bui Van to pay two thirds of his costs;

5. orders the Commission of the European Communities to bear their

own costs and to pay Mrs Tzirani's costs.

4. Orders the Commission of the European Communities to pay its
own costs and one third of the costs incurred by Mr Bui Van.

(1) OJ C 170 of 21.7.2007, p. 42.

(1) OJ C 170, 21.7.2007, p. 43.