CELEX: C2007/042/73
Language: en
Date: 2007-02-24 00:00:00
Title: Case T-413/06 P: Appeal brought on 22 December 2006 against the order of the Civil Service Tribunal of 9 October 2006 in Case F-53/06, Gualtieri v Commission

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/42
            
         Appeal brought on 22 December 2006 against the order of the Civil Service Tribunal of 9 October 2006 in Case F-53/06, Gualtieri v Commission
   (Case T-413/06 P)
   (2007/C 42/73)
   Language of the case: Italian
   Parties
   
      Appellant: Claudia Gualtieri (Brussels, Belgium) (represented by M. Gualtieri and P. Gualtieri, avvocati)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought by the appellant
   
               —
            
            
               annulment of the contested order of the Civil Service Tribunal of 9 October 2006, and a declaration that the Civil Service Tribunal has jurisdiction to decide the dispute.
            
         Pleas in law and main arguments
   The present appeal has been brought against the order of the Civil Service Tribunal of the European Union of 9 October 2006 in Case F-53/06, by which the Civil Service Tribunal declared that it lacked jurisdiction ratione materiae to make a ruling in the dispute between the applicant — a national expert on secondment — and the Commission.
   In support of her appeal, the appellant alleges that the contested measure is based on a superficial and incorrect understanding of Article 1(2) of the Commission Decision concerning the rules applicable to seconded national experts (SNEs). On that point, she refers to Article 7(a), (f) and (g), Article 11(1) and (3), Article 12(1) and (2), Article 13(1), Article 14 and Article 15 of that Decision.
   According to the appellant, it is to be inferred from that multiplicity of provisions that the relationship between a national expert and the home administration remains dormant throughout the period of secondment and that during that period the national expert on secondment is fully integrated in the Commission organisation, for whose exclusive benefit the expert is required to carry out his or her duties.
   Consequently, there can be no doubt that disputes relating to that special employment relationship fall within the jurisdiction of the Civil Service Tribunal, the legal position of national experts on secondment being clearly assimilated to that of servants.