Case F-90/07: Judgment of the Civil Service Tribunal (Second Chamber) of 13 November 2008 — Traore v Commission (Staff cases — Officials — Vacancy notice — Rejection of the applicant's candidature — Reassignment — Interest of the service)
Date: 2008-11-13
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, appointment of staff, professional career, racial discrimination, recruitment, regulations for civil servants

21.2.2009

EN

Official Journal of the European Union

C 44/71

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Commu-
nities not to include Mr Collotte's name on the list of officials
promoted to grade A*12 for the 2006 promotion procedure;

2. Dismisses the remainder of the forms of order sought;

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

own costs and to pay the costs of the applicant;

4. Orders the Council of the European Union to bear its own costs.

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

own costs and to pay the cost of the applicants;

4. Orders the Council of the European Union to bear its own costs.

(1) OJ C 199, 25.8.2007, p. 54.

(1) OJ C 199, 25.8.2007, p. 50.

Judgment of the Civil Service Tribunal (Second Chamber)
of 13 November 2008 — Traore v Commission

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Dubus and Leveque v Commission

(Case F-66/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

(Case F-90/07) (1)

(Staff cases — Officials — Vacancy notice — Rejection of the
applicant's candidature — Reassignment — Interest of the
service)

(2009/C 44/124)

Language of the case: French

(2009/C 44/123)

Language of the case: French

Parties

Parties

Applicant: Charles Dubus (Kraainem, Belgium) and Jean Leveque
(Wattignies-la-Victoire, France) (represented by: É. Boigelot, initi-
ally, and É. Boigelot and L. Defalque, subsequently, lawyers)

Applicant: Amadou Traore (Rhode-Saint-Genèse, Belgium) (repre-
sented by: E. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and B. Eggers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Re:

Annulment of the decision not to promote the applicants for
failure to demonstrate that they were able to work in a third
language for the 2006 promotion procedure — Claim for
damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Commu-
nities not to include M. Dubus's name in the list of officials to be
promoted to grade C*3 for the 2006 promotion procedure and the
decision of the Commission of the European Communities not to
include the M. Leveque's name in the list of officials to be promoted
to grade B*8 under the procedure for the same year;

Annulment of the Commission decisions rejecting the appli-
cant's candidature for the post of chargé d'affaires ad interim at
the Commission Delegation in Togo and for the post of Head of
the Commission Delegation in Tanzania —
Operations at
Annulment of
the Commission decisions appointing other
candidates to those posts — Claim for damages.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Director of Resources of the EuropeAid
Co-operation Office of the Commission of the European Commu-
nities of 12 December 2006 rejecting Mr Traore's candidature for
the post of Head of Operations at the Commission Delegation in
Tanzania and the decision to appoint Mr S to that post;

2. Dismisses the remainder of the action;

2. Dismisses the remainder of the forms of order of sought;

3. Orders Mr Traore to bear half his own costs;

C 44/72

EN

Official Journal of the European Union

21.2.2009

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

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

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Beatriz Acosta Iborra and Others v
Commission

(1) OJ C 269 of 10.11.2007, p. 72.

(Case F-93/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Evraets v Commission

(Case F-92/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

Parties

(2009/C 44/126)

Language of the case: French

(2009/C 44/125)

Language of the case: French

Parties

Applicant: Beatriz Acosta Iborra (Alkmaar, Netherlands) and nine
other officials of the Commission (represented by: N. Lhoëst,
initially, and N. Lhoëst and S. Fernández Menéndez, subse-
quently, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Applicant: Pascal Evraets (Lambusart, Belgium) (represented by:
N. Lhoëst, initially, and N. Lhoëst and S. Fernández Menéndez,
subsequently, lawyers)

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Re:

Annulment of the decision not to promote the applicants to
grade AST 4, for failure to demonstrate the ability to work in a
third language, for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not to promote Mr Evraets for the 2006

promotion procedure;

Annulment of the decision not to promote the applicants for
failure to demonstrate that they were able to work in a third
language for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not

to promote for the 2006 promotion
procedure Ms Acosta Iborra and the nine other officials of the
Commission of the European Communities whose names appear
annexed to this judgment;

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

own costs and to pay the costs of the applicants;

own costs and to pay the costs of the applicant;

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

3. Orders the Council of the European Union to bear its own costs.

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 283, 24.11.2007, p. 44.

(1) OJ C 283, 24.11.2007, p. 44.