CELEX: 62004CJ0373
Language: en
Date: 2006-01-10
Title: Judgment of the Court (Second Chamber) of 10 January 2006. # Commission of the European Communities v Mercedes Alvarez Moreno. # Appeal - Officials - Member of the auxiliary staff - Conference interpreter - Action - Request pursuant to Article 90(1) of the Staff Regulations - Measure adversely affecting a person - Definition. # Case C-373/04 P.

Judgment of the Court (Second Chamber) of 10 January 2006 – Commission v Alvarez Moreno
      (Case C-373/04 P)
      Appeal – Officials – Member of the auxiliary staff – Conference interpreter – Action – Request pursuant to Article 90(1) of the Staff Regulations – Measure adversely affecting a person – Definition
      1.                     Officials of the European Communities – Action – Request within the meaning of Article 90(1) of the Staff Regulations – Definition
            (Staff Regulations, Art. 90(1) (see para. 37)
      2.                     Officials of the European Communities – Action – Act adversely affecting an official – Definition (Staff Regulations, Art.
            91) (see paras 42, 44)
      Re:
      
         Appeal against the judgment of the Fifth Chamber of the Court of First Instance of 10 June 2004 in Joined Cases T-153/01 and
                  T-323/01 
               
               Alvarez Moreno
                v 
               Commission
                whereby the Court of First Instance annulled the Commission’s decision of 23 February 2001 declaring the age limit laid down
                  in Article 74(1)(a) of the Conditions of Employment of Other Servants applicable to the contracts of members of the auxiliary
                  staff recruited under the third paragraph of Article 78 of the Conditions of Employment as conference interpreters
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Sets aside the judgment of the Court of First Instance of the European Communities of 10 June 2004 in Joined Cases T-153/01
                     and T-323/01 Alvarez Moreno v Commission in so far as it declared that the action for annulment of the letter of Mr Walker
                     of 23 February 2001 was admissible and ordered the Commission of the European Communities to pay the whole of the costs relating
                     to the action in Case T-323/01; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  In Case T-323/01, dismisses the action for annulment of, first, the letter of Mr Walker of 23 February 2001 and, second, the
                     decision of the Commission of the European Communities of 7 September 2001 rejecting Mrs Alvarez Moreno’s complaint;
                  
               
            
         
                  3.
               
               
                  
               
               
                  Orders each of the parties to bear its or her own costs relating to the present proceedings and to those brought before the
                     Court of First Instance of the European Communities.