CELEX: C2007/235/58
Language: en
Date: 2007-10-06 00:00:00
Title: Case F-80/07: Action brought on 3 August 2007 — Economidis v Commission

6.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/31
            
         Action brought on 3 August 2007 — Economidis v Commission
   (Case F-80/07)
   (2007/C 235/58)
   Language of the case: French
   Parties
   
      Applicant: Ioannis Economidis (Woluwé-St-Étienne, Belgium) (represented by: S. Orlandi, J.-N. Louis, A. Coolen and E. Marchal, lawyers)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
               —
            
            
               annul the decision reorganising the directorate-general for RTD inasmuch as that decision fills, in particular, the posts of head of unit for F.1 ‘Horizontal aspects and coordination’ and for F.5 ‘Health biotechnology’;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   In October 2006, the Commission, in the context of a reorganisation of DG RTD, appointed Mr H and Mr X as heads of unit for F.1 and F.5 respectively. By judgment of 14 December 2006 in Case F-122/05 Economidis v Commission
       (1), the Civil Service Tribunal annulled the Commission decision of 23 December 2004, appointing Mr H to the post of Head of Unit ‘Health biotechnology’, one of the units of the same DG before the reorganisation.
   In support of his action, the applicant relies first on an infringement of Article 233 EC, in that the Commission, by virtue of the reorganisation of the DG, maintains that it is not possible to execute the judgment of 14 December 2006. According to the applicant, the decision of 23 December 2004 having been annulled, Mr H cannot be reemployed in the post of Head of Unit in the framework of the reorganisation of the DG concerned.
   Moreover, the applicant submits that there are two possibilities, either the Unit ‘Health biotechnology’ still exists, but under another name and with its tasks redefined, or it has indeed been abolished. In the first case, the administration should have executed the judgment of 14 December and, in the second case, the administration should have opened the procedure to fill the posts of head of unit created by the reorganisation and, accordingly, permitted him to submit his candidature. In not having followed that procedure, the defendant infringed Articles 4, 7, 24 and 29 of the Staff Regulations of Officials of the European Communities and the principle of reasonable career prospects.
   
      (1)  OJ C 331, 30.12.2006, p. 47.