Case C-496/08 P: Judgment of the Court (Second Chamber) of 4 March 2010 — Pilar Angé Serrano, Jean-Marie Bras, Adolfo Orcajo Teresa, Dominiek Decoutere, Armin Hau, Francisco Javier Solana Ramos v European Parliament, Council of the European Union (Appeals — Officials — Success in internal competitions for change of category under the old Staff Regulations — Entry into force of the new Staff Regulations — Transitional rules for classification in grade — Plea of illegality — Acquired rights — Legitimate expectations — Equal treatment — Principle of sound administration and the duty to have regard for the welfare of officials)
Date: 2010-03-04
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, European official, appeal, competition (EU), damages, judgment of the Court (EU), regulations for civil servants








C_2010113EN.01001102.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/11





Judgment of the Court (Second Chamber) of 4 March 2010 — Pilar Angé Serrano, Jean-Marie Bras, Adolfo Orcajo Teresa, Dominiek Decoutere, Armin Hau, Francisco Javier Solana Ramos v European Parliament, Council of the European Union
(Case C-496/08 P) (1)

(Appeals - Officials - Success in internal competitions for change of category under the old Staff Regulations - Entry into force of the new Staff Regulations - Transitional rules for classification in grade - Plea of illegality - Acquired rights - Legitimate expectations - Equal treatment - Principle of sound administration and the duty to have regard for the welfare of officials)
2010/C 113/15
Language of the case: French

Parties


Appellants: Pilar Angé Serrano, Jean-Marie Bras, Adolfo Orcajo Teresa, Dominiek Decoutere, Armin Hau, Francisco Javier Solana Ramos (represented by: E. Boigelot, avocat)

Other parties to the proceedings: European Parliament (represented by: L.G. Knudsen and K. Zejdová, Agents), Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 18 September 2008 in Case T-47/05 Angé Serrano and Others v Parliament, in which the Court of First Instance dismissed the applicants’ application for annulment of the individual decisions classifying them in grade, taken pursuant to transitional measures laid down in Annex XIII and, in particular, Article 2 of the Staff Regulations of officials of the European Communities, as amended by Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 (OJ 2004 L 124, p. 1) — Ending, following entry into force of the new Staff Regulations, of classification in grade following success in an internal competition held under the old Staff Regulations — Whether interest in bringing an action retained despite the contested decisions becoming obsolete — Principles of the retaining of acquired rights and the protection of legitimate expectations — Principle of equal treatment

Operative part of the judgment

The Court:






1.


Dismisses the main appeal;










2.


Dismisses the cross appeal;










3.


Orders Ms Angé Serrano, Mr M. Bras, Orcajo Teresa, Decoutere, Hau, Solana Ramos, the European Parliament and the Council of the European Union to bear their own costs.






(1)  OJ C 44, 21. 2. 2009.