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

(Case F-107/05) 1

(Civil service - Member of the temporary staff - Classification in grade - Grades laid down in the call for applications - Amendment of the rules governing classification of members of the temporary staff after publication of the call for applications - Classification in grade under the new, less favourable rules - Transitional provisions - Application by analogy - Article 12(3) of Annex XIII to the Staff Regulations - Proportionality - Principle of good administration)

Language of the case: French


Applicant: Gergely Toth (Besozzo, Italie) (represented by: initially, S. Rodrigues and Y. Minatchy, lawyers, subsequently by S. Rodrigues, C. Bernard-Glanz and R. Albelice, lawyers, and finally by S. Rodrigues and C. Bernard-Glanz, 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 I. Šulce, acting as Agents, and subsequently by K. Zieleśkiewicz and M. Bauer, acting as Agents)


First, annulment of the Commission's decision classifying the applicant at grade A*6 on his appointment as a member of the temporary staff and, secondly, an application for damages

Operative part of the judgment

The Tribunal:

Annuls the European Commission's decision classifying Mr Toth at grade A*6, step 2, contained in Article 3 of the temporary staff contract signed on 17 January 2005;

Dismisses the remainder of the application;

Orders the European Commission to bear its own costs and to pay the costs of the applicant.

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


1 - OJ C 22, 28.1.2006, p. 15. (Case originally registered at the Court of First Instance of the European Communities as Case T-401/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)