Case T-513/08 P: Appeal brought on 25 November 2008 by the Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 11 September 2008 in Case F-135/07 Smadja v Commission
Date: 2008-11-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appointment of staff, assistant, indemnification, personnel administration

C 44/50

EN

Official Journal of the European Union

21.2.2009

Appeal brought on 25 November 2008 by the Commission
of the European Communities against the judgment of the
Civil Service Tribunal delivered on 11 September 2008 in
Case F-135/07 Smadja v Commission

— the principle of proportionality cannot be invoked when
statutory provisions, such as Article 5(5) of Annex XIII, read
with Article 46(1)(a) of the Staff Regulations of Officials of
the European Communities, exclude in this instance grading
in a step higher than step 1.

(Case T-513/08 P)

(2009/C 44/88)

Language of the case: French

Parties

Appellant: Commission of the European Communities (repre-
sented by K. Hermann and D. Martin, Agents)

Other party to the proceedings: Daniele Smadja (New Delhi, India)

Form of order sought by the appellant

— Set aside the judgment of the Civil Service Tribunal delivered

on 11 September 2008 in Case F-135/07;

— Dismiss the action brought by Mrs Smadja;

Action brought on 19 November 2008 — Mauerhofer v
Commission

(Case T-515/08)

(2009/C 44/89)

Language of the case: English

Parties

Applicant: Volker Mauerhofer (Vienna, Austria) (represented by: J.
Schartmüller, lawyer)

Defendant: Commission of the European Communities

— Order that each of the parties bear their own costs before
the Court of First Instance and the Civil Service Tribunal.

Form of order sought

Pleas in law and main arguments

By the present appeal, the Commission seeks the setting aside of
the judgment of the Civil Service Tribunal (CST) of 11 September
2000 in Case F-135/07, by which the CST annulled the
Commission decision of 21 December 2006 grading the appli-
cant at first instance in Grade A*15, step 1, in consequence of
the judgment of the Court of First Instance of 29 September
2005 in Case T-218/02 Napoli Buzzanca v Commission.

In support of its appeal, the Commission relies one one ground
of appeal, alleging error of law in the interpretation of the prin-
ciple of proportionality.

In three parts, the Commission claims that:

— the principle of proportionality cannot be invoked when
statutory provisions, such as Articles 3 and 4 of the Staff
the European Communities,
Regulations of Officials of
prohibit the Commission from making appointments with
retrospective effect;

— the principle of proportionality cannot lead to the denial of
the authority of a judgment delivered but still possibly
subject to appeal enjoyed by a judgment of the Court of
First Instance;

— primarily, annul the contested measure as far as it concerns

the applicant;

— additionally, or as an alternative to the claim for annulment,
find that the defendant has incurred non contractual liability
through the unlawful adoption of the contested measure;

— order the defendant to pay to the applicant, as a result of
the contested measure, the sum of 5 500 euros for the non-
contractual damages suffered and an annual interest rate of
4 % since 4 November 2008 until delivery of the judgment
bringing the present proceedings to an end.

Pleas in law and main arguments

its

carrying out

tasks within an expert

The applicant seeks the annulment of Commission Decision of
9 September 2008 by which it adopted an administrative order
reducing the number of working days allocated to the applicant
for
contract
No MC/5043/025/001/2008 signed between the applicant and
the Consultant for the participation in a ‘Value Chain Mapping
Analysis’ project based on the Framework Contract ‘EuropeAid/
123314/C/SER/multi’ carried out in Bosnia and Herzegovina,
signed between the Consultant and the Commission. Further-
more,
the compensation for damages
suffered as a result of the contested measure.

the applicant

seeks