Case F-44/07: Judgment of the Civil Service Tribunal (Third Chamber) of 8 October 2008 — Barbin v European Parliament (Staff cases — Officials — Promotion — Procedure for the allocation of merit points in the European Parliament — Illegality of the instructions governing that procedure — Examination of comparative merits)
Date: 2008-10-08
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, promotion, staff assessment

C 313/56

EN

Official Journal of the European Union

6.12.2008

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 42, 24.2.2007, p. 48.

3. Orders the Commission of the European Communities to bear its

own costs and to pay half of Mr Lafili's costs.

(1) OJ C 95, 28.4.2007, p. 59.

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

(Case F-44/07) (1)

Judgment of the Civil Service Tribunal (Second Chamber)
of 4 September 2008 — Lafili v Commission

(Case F-22/07) (1)

(Staff cases — Officials — Promotion — Procedure for the
allocation of merit points in the European Parliament — Illeg-
ality of the instructions governing that procedure — Examina-
tion of comparative merits)

(Staff case — Officials — Entry into force of Regulation
(EEC, Euratom) No 723/2004 — Articles 44 and 46 of the
Staff Regulations — Article 7 of Annex XIII to the Staff
Regulations — Promotion — Grading — Multiplication
factor)

(2008/C 313/101)

Language of the case: French

(2008/C 313/100)

Language of the case: French

Parties

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

Parties

Applicant:
G. Vandersanden and L. Levi, lawyers)

Lafili

Paul

(Genk, Belgium)

(represented

by:

Defendant: European Parliament (represented by: A. Lukošiūtė
and R. Ignătescu, later by C. Burgos, A. Lukošiūtė and R. Ignă-
tescu, agents)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, H. Kraemer and K. Herrmann, Agents)

Re:

Re:

Annulment of
the decision to place the applicant in Grade
AD 13, step 5, contained in a memorandum from DG ADMIN
of 11 May 2006 and in the pay slip of June 2006 and in subse-
quent pay slips, inasmuch as that the decision infringes, inter
alia, Articles 44 and 46 of the Staff Regulations of Officials and
Article 7 of Annex XIII to those regulations.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Head of Unit A 6 ‘Career structure,
evaluation and promotion’
in the ‘Personnel and Administration’
General-Directorate of the Commission of the European Commu-
nities of 11 May 2006;

2. Orders Mr Lafili to bear half his own costs;

point

one merit

First, annulment of the decision of 16 September 2006 to allo-
cate
the
2005 promotion procedure and, secondly, for a declaration that
paragraph I.2(c) of the ‘Implementing measures relating to the
allocation of merit and promotion points’ of
the European
Parliament of 10 May 2006 is illegal.

applicant

under

the

to

Operative part of the judgment

The Tribunal:

1. dismisses the application;

2. orders the parties to bear their own costs.

(1) OJ C 155 of 7.7.2007, p. 45.