Language of document :

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)

Language of the case: French


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)


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:

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;

Orders the Commission of the European Communities to bear its own costs and to pay Mr da Silva's costs;

Orders the Council of the European Union to bear its own costs.


1 - OJ C 108, 6.5.2006, p. 31.