Language of document :

Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 – Wurster v EIGE

(Joined Cases F-20/12 and F-43/12) 1

(Civil Service – Staff of the EIGE – Temporary staff – Procedure to assess the management capabilities of staff of the EIGE recently appointed to a middle management post – Reassignment to a non-management post – Right to be heard – Scope of the law – Finding of the Tribunal of its own motion – Substitution of grounds made by the Tribunal of its own motion)

Language of the case: French

Parties

Applicant: Barbara Wurster (Vilnius, Lithuania) (represented initially by: T. Bontinck and S. Woog, lawyers, and subsequently by: T. Bontinck and S. Greco, lawyers)

Defendant: European Institute for Gender Equality (EIGE) (represented by: M. Velardo, lawyer)

Re:

Firstly, application for the annulment of the defendant’s decision to reassign the applicant from the position of Head of Operations to a Team Leader position not requiring managerial skills. Secondly, application to annul the decision of the Director of the EIGE rejecting the applicant’s claim for the management allowance for the period between 1 June and 30 September 2011.

Operative part of the judgment

The Tribunal:

Annuls the decision of the Director of the European Institute for Gender Equality of 8 September 2011 to reassign Ms Wurster to the post of Team Leader of the Research and Documentation Centre;

Dismisses the remainder of the action;

Orders the European Institute for Gender Equality to bear its own costs and to pay the costs incurred by Ms Wurster.

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1 OJ C 138, 12.5.2012, p. 34; OJ C 200, 7.7.2012, p. 21.