CELEX: 62005FA0107
Language: en
Date: 2010-09-30 00:00:00
Title: Case F-107/05: Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — Toth v Commission (Civil service — Member of the temporary staff — Classification in grade — Grades laid down in the call for applications — Amendment of the rules governing classification of members of the temporary staff after publication of the call for applications — Classification in grade under the new, less favourable rules — Transitional provisions — Application by analogy — Article 12(3) of Annex XIII to the Staff Regulations — Proportionality — Principle of good administration)

4.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/59
            
         Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — Toth v Commission
   (Case F-107/05) (1)
   
   (Civil service - Member of the temporary staff - Classification in grade - Grades laid down in the call for applications - Amendment of the rules governing classification of members of the temporary staff after publication of the call for applications - Classification in grade under the new, less favourable rules - Transitional provisions - Application by analogy - Article 12(3) of Annex XIII to the Staff Regulations - Proportionality - Principle of good administration)
   2010/C 328/95
   Language of the case: French
   
      Parties
   
   
      Applicant: Gergely Toth (Besozzo, Italie) (represented by: initially, S. Rodrigues and Y. Minatchy, lawyers, subsequently by S. Rodrigues, C. Bernard-Glanz and R. Albelice, lawyers, and finally by S. Rodrigues and C. Bernard-Glanz, lawyers)
   
      Defendant: European Commission (represented by: J. Currall and H. Krämer, acting as Agents)
   
      Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, acting as Agents, and subsequently by K. Zieleśkiewicz and M. Bauer, acting as Agents)
   
      Re:
   
   First, annulment of the Commission’s decision classifying the applicant at grade A*6 on his appointment as a member of the temporary staff and, secondly, an application for damages
   
      Operative part of the judgment
   
   The Tribunal:
   
               1.
            
            
               Annuls the European Commission’s decision classifying Mr Toth at grade A*6, step 2, contained in Article 3 of the temporary staff contract signed on 17 January 2005;
            
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders the European Commission to bear its own costs and to pay the costs of the applicant.
            
         
               4.
            
            
               Orders the Council of the European Union, intervener, to bear its own costs.
            
         
      (1)  OJ C 22, 28.1.2006, p. 15. (Case originally registered at the Court of First Instance of the European Communities as Case T-401/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)