Language of document :

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

(Case F-105/06)1

(Civil Service - Officials - Promotion - 2005 promotion exercise - New career structure - Extension of career by the introduction of new grades with no equivalents in the old Staff Regulations - Application of Article 45 of the Staff Regulations, Annex XIII to the Staff Regulations and the GIP applicable with effect from 2005 - Principle of equal treatment - Retroactive effect of promotion decisions to a date prior to 1 May 2004 - Transitional measures - Action manifestly bound to fail)

Language of the case: French


Applicants: Johannes Lübking and Others (Brussels, Belgium) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: J. Currall and G. Berscheid, Agents)

Intervener in support of the defendant: Council of the European Union (represented: initially by M. Simm and B. Driessen, and subsequently by M. Bauer, J. Monteiro and K. Zieleśkiewicz, Agents)


Annulment of the Commission's decision published in Administrative Notices No 85 2005 of 23 November 2005 in so far as it provided for promotion of the applicants to grade A*9 and not grade A*10 in the 2005 promotion exercise.

Operative part of the order

The application is dismissed.

The applicants and the European Commission shall each bear their own costs.

The Council of the European Union, the intervener, shall bear its own costs.


1 - OJ C 281 of 18.11.06, p. 45.