Language of document :

Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 - de Luca v Commission

(Case F-20/06) 1

(Civil service - Officials - Appointment - Officials advancing to a higher function group by open competition - Candidate placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)

Language of the case: French


Applicant: Patricia de Luca (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, acting as Agents)


Annulment of the Commission's decision of 23 February 2005 appointing the applicant, an official already graded at A*10 and a successful candidate in a competition for grades A5/A4, to a post as an administrator in the Directorate-General for Justice, Freedom and Security in so far as it alters her classification in grade from A*10 to A*9

Operative part of the judgment

The Tribunal:

Dismisses the application;

Orders each party to bear its own costs.


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