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Document C2007/183/81

    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)

    IO C 183, 4.8.2007, p. 42–42 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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.


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