Case F-83/08: Action brought on 10 October 2008 — Gheysens v Council
Date: 2008-10-10
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, action for annulment (EU), legal working time, work contract, working time

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

C 313/60

EN

Official Journal of the European Union

6.12.2008

Subject-matter and description of the proceedings

Form of order sought

Annulment of the decision of the Council fixing the conditions
of the applicant's recruitment in so far as it limits the duration
of
the contract to two years and classifies him in function
group III, grade 11, step 1 and a declaration that Article 88 of
the Conditions of Employment of Other Servants is illegal in so
far as it authorises successive contracts for a fixed period subject
to an overall limit of three years.

Form of order sought

— Declare that Article 88 of the Conditions of Employment of
Other Servants is illegal in so far as it authorises successive
contracts for a fixed period subject to an overall
limit of
three years;

— Annul the decision of the Council fixing the conditions of
the applicant's recruitment in so far as it limits the duration
of his contract to two years and classifies him in function
group III, grade 11, step 1;

— Order the Council of the European Union to pay the costs.

Action brought on 15 October 2008 — Notarnicola v
Court of Auditors

(Case F-85/08)

(2008/C 313/110)

Language of the case: French

Parties

Applicant: Pietro Notarnicola (Luxembourg, Luxembourg) (repre-
sented by: A. Gross, lawyer)

Defendant: Court of Auditors of the European Communities

Subject-matter and description of the proceedings

the decision of

informing the
Annulment of
applicant of his dismissal and reinstatement of the applicant
and, in the alternative, an order that the defendant pay a sum as
compensation for the material and non-material loss suffered by
the applicant.

the defendant

— Annul the decision of 16 July 2008 and, accordingly, annul
the decision of 5 March 2008 informing the applicant of his
dismissal with effect from 15 April 2008;

— Reinstate the applicant as a member of the contractual staff
pursuant to the contract of 23 August 2007, with retroac-
tive payment of salary from 16 April 2008 until the date of
judgment;

— In the alternative, order the defendant to pay the sum of
loss and EUR 5 000 for the

EUR 60 500 for material
non-material loss suffered by the applicant.

Order of the Civil Service Tribunal of 4 September 2008
— Tsarnavas v Commission

(Case F-44/08) (1)

(2008/C 313/111)

Language of the case: French

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 158, 21.6.2008, p. 28.

Order of the Civil Service Tribunal of 24 October 2008 —
Klug v EMEA

(Case F-59/08) (1)

(2008/C 313/112)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 223, 30.8.2008, p. 62.