CELEX: C2007/183/81
Language: en
Date: 2007-08-04 00:00:00
Title: Case F-21/06: Judgment of the Civil Service Tribunal (Second Chamber) of 28 June 2007 — da Silva v Commission (Officials — Appointment in grade — Post of director advertised before 1 May 2004 — Amendment of the Staff Regulations — Article 2 and Article 5(5) of Annex XIII to the Staff Regulations — Classification by grade pursuant to new less-favourable provisions — Principle that all officials are entitled to reasonable career prospects)

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/42
            
         Judgment of the Civil Service Tribunal (Second Chamber) of 28 June 2007 — da Silva v Commission
   (Case F-21/06) (1)
   
   (Officials - Appointment in grade - Post of director advertised before 1 May 2004 - Amendment of the Staff Regulations - Article 2 and Article 5(5) of Annex XIII to the Staff Regulations - Classification by grade pursuant to new less-favourable provisions - Principle that all officials are entitled to reasonable career prospects)
   (2007/C 183/81)
   Language of the case: French
   Parties
   
      Applicant: João da Silva (Brussels, Belgium) (represented by: G. Vandersanden and L. Levi, lawyers)
   
      Defendant: Commission of the European Communities (represented by: J. Currall, H. Kraemer and K. Herrmann, acting as Agents)
   
      Party intervening in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Sulce, acting as Agents)
   Re:
   First, annulment of the Commission's decision of 18 May 2005 appointing the applicant as a Director and fixing his grade at A*14 instead of the A2 indicated in the vacancy notice published in 2003, and secondly, the reinstatement of the applicant at grade A*15 (ex A2) and restoration of his career prospects with retrospective effect
   Operative part of the judgment
   The Tribunal:
   
               1.
            
            
               Annuls the decision of the Commission of the European Communities of 18 May 2005, inasmuch as it classifies Mr da Silva as a director in grade A*14, step 2;
            
         
               2.
            
            
               Orders the Commission of the European Communities to bear its own costs and to pay Mr da Silva's costs;
            
         
               3.
            
            
               Orders the Council of the European Union to bear its own costs.
            
         
      (1)  OJ C 108, 6.5.2006, p. 31.