Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 - Brown and Volpato v Commission
(Staff Cases - Officials - Promotion - 2006 promotion year - New career structures - Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations - Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 - Principle of equal treatment - Retroactive effect of promotion decisions to a date prior to 1 May 2004 - Transitional measures - Action which must manifestly be dismissed)
Language of the case: French
Parties
Applicants: Colin Brown (Brussels, Belgium) and Alberto Volpato (Moscow, Russia) (represented by: B. Cortese and C. Cortese, lawyers)
Defendant: European Commission (represented by: J. Currall and G. Berscheid, Agents)
Intervener in support of the defendant: Council of the European Union (represented initially by M. Arpio Santacruz and I. Šulce, later by: M. Bauer, J. Monteiro and K. Zieleśkiewicz, Agents)
Re:
Annulment of the Commission decision published in Administrative Notices No 55 2006 of 17 November 2006 inasmuch as it provided for the promotion of the applicants to grade A*9, and not to grade A*10, in the 2006 promotion year.
Operative part of the order
1. The action is dismissed.
2. Mr Brown and Mr Volpato, and the European Commission, are ordered to bear their own costs.
3. The Council of the European Union, which intervened, is ordered to bear its own costs.
____________1 - OJ C 235 of 6.10.07, p. 30.