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C 234/56 EN Official Journal of the European Union 28.8.

2010

Judgment of the Civil Service Tribunal (Second Chamber) Judgment of the Civil Service Tribunal (Plenary Formation)
of 8 July 2010 — Kurrer v Commission of 5 May 2010 — Bouillez and Others v Council

(Case F-139/06) (1) (Case F-53/08) (1)

(Civil Service — Officials — Appointment — Temporary (Staff cases — Officials — Promotion — 2007 promotion
agents appointed as officials — Candidates placed on a procedure — Interest in bringing proceedings — Promotion
reserve list prior to the entry into force of the new Staff decision — Liste of promoted officials — Consideration of the
Regulations — Transitional rules governing classification in comparative merits — Criterion of the level of responsibility
grade at the time of recruitment — Classification in grade held — Application for annulment of the promotion decisions
pursuant to the new, less favourable rules — Article 5(4) and — Balance of interests)
Article 12(3) of Annex XIII to the Staff Regulations)
(2010/C 234/102)
(2010/C 234/101)
Language of the case: French
Language of the case: French

Parties
Parties
Applicants: Vincent Bouillez (Overijse, Belgium) and Others
Applicant: Christian Kurrer (Watermael-Boitsfort, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal,
(represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. lawyers)
Marchal, lawyers)

Defendant: Council of the European Union


Defendant: European Commission (represented by: J. Currall and
H. Krämer, Agents)
Interveners: Eliza Niniou and Maria-Béatrice Postiglione Branco,
residing at Schaerbeek (Belgium) and at Kraainem (Belgium)
respectively, (represented by: T. Bontinck and S. Woog initially,
Intervener in support of the defendant: Council of the European and then by T. Bontinck and S. Greco, lawyers)
Union (represented by: B. Driessen and M. Simm, Agents)

and

Re:
Annulment of the Commission decision, effective from 1 April Maria De Jesus Cabrita and Marie-France Liegard, officials of the
2006, by which the applicant — a member of the temporary Council of the European Union, residing in Brussels (Belgium),
staff in grade A7 (now grade A*8) and a successful candidate in (represented by: N. Lhoëst initially, then by N. Lhoëst and L.
Open Competition COM/A/3/03 — was appointed as an official Delhaye, lawyers)
in grade A*6, step 2, pursuant to the provisions of Annex XIII
to the Staff Regulations, without maintenance of the points
which he had accumulated as a member of the temporary staff
Re:
Annulment of the decisions of the appointing authority not to
promote the applicants to grade AST 7 under the 2007
Operative part of the judgment promotion procedure
The Tribunal:

Operative part of the judgment


1. Dismisses the action; The Tribunal:

2. Orders the parties to bear their own respective costs. 1. Annuls the decisions by which the Council of the European Union
refused to promote Mr Bouillez and Van Neyghem and Ms
Wagner-Leclercq to grade AST 7 under the 2007 promotion
procedure;

(1) OJ C 20 of 27.01.07, p. 39.


2. Dismisses the remainder of the claims in the actions brought by
Mr Bouillez and Van Neyghem and by Ms Wagner-Leclercq;
28.8.2010 EN Official Journal of the European Union C 234/57

3. Orders the Council of the European Union to pay the costs; Judgment of the Civil Service Tribunal (Third Chamber) of
24 February 2010 — Menghi v ENISA

(Case F-2/09) (1)


4. Orders the interveners to bear their own costs.
(Civil Service — Temporary staff — Dismissal following end
of the probationary period — Psychological harassment)

(1) OJ C 183, 19.7.2008, p. 35. (2010/C 234/104)

Language of the case: French

Parties
Judgment of the Civil Service Tribunal (Third Chamber) of Applicant: Riccardo Achille Menghi (Cagliari, Italy) (represented
24 February 2010 — P v Parliament by: L. Defalque, lawyer)

(Case F-89/08) (1)


Defendant: European Network and Information Security Agency
(represented by: E. Maurage, Agent, and B. Wägenbaur, lawyer)
(Staff case — Temporary staff — European Parliament —
Dismissal — Loss of confidence)

(2010/C 234/103) Re:


Annulment of the decision not to confirm the applicant’s
Language of the case: French contract after the probationary period and an application for
compensation for the material and non-material harm suffered.

Parties
Applicant: P (Brussels, Belgium) (represented by: E. Boigelot, Operative part of the judgment
lawyer)
The Tribunal:

Defendant: European Parliament (represented by: S. Seyr, A. 1. Dismisses the action;


Lukošiūtė and R. Ignătescu, agents)
2. Orders each party to bear its own costs.

Re:
(1) OJ C 55 of 07.03.2009, p. 53.
First, application for annulment of the decision of the
Parliament to dismiss the applicant with three months’ notice
and, second, a claim for damages.

Judgment of the Civil Service Tribunal (First Chamber) of


11 May 2010 — Maxwell v Commission
Operative part of the judgment
The Tribunal: (Case F-55/09) (1)

(Staff case — Officials — Secondment in the interests of the


service — Leave on personal grounds — Accommodation and
1. Dismisses the application. education expenses — Action for damages — Liability for a
wrongful act — Unjust enrichment)

2. Orders each party to bear its own costs. (2010/C 234/105)

Language of the case: French

(1) OJ C 44, 21.2.2009, p. 74. Parties


Applicant: Allan Maxwell (Brussels, Belgium) (represented by: S.
Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)