Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 - Abad-Villanueva and Others v Commission

(Case F-23/06)1

(Staff case - Officials - Appointment - Article 5(2) of Annex XIII to the Staff Regulations - Internal competitions for transfer from one category to another published before 1 May 2004 - Candidates appearing on reserve lists before 1 May 2006 - Grading - Maintenance of the multiplicaton factor - Loss of promotion points)

Language of the case: French


Applicant: Roberto Abad-Villanueva and Others (Brussels, Belgium) (represented, initially, by T. Bontinck and J. Feld, lawyers, and subsequently by T. Bontinck and S. Woog, 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, initially, by M. Arpio Santacruz and M. Simm, and subsequently by M. Bauer, J. Monteiro and K. Zieleśkiewicz, acting as Agents)


Annulment of decisions notifying the applicants of their transfer of category, in so far as they allocate a grade lower than that which would result from the application of the provisions of the Staff Regulations, maintain the multiplication factor and withdraw the promotion points of the applicants.

Operative part of the judgment

The action is dismissed.

Each party is ordered to bear its own costs.

The Council of the European Union, which has intervened, is ordered to bear its own costs.


1 - OJ C 108 of 06/05/06, p. 32.