Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 - Dittert v Commission

(Case F-82/07)1

(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


Applicant: Daniel Dittert (Luxembourg, Luxembourg) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: G. Berscheid and K. Herrmann, 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)


Annulment of the Commission's decision of 23 April 2007 to promote the applicant to grade AD 9 and not AD 10.

Operative part of the order

1.    The action is dismissed.

2.    Mr Dittert 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. 32.