Judgment of the Court of First Instance of 7 February 2007 - Caló v Commission

(Joined Cases T-118/04 and T-134/04) ¹

(Officials -Reassignment of a Director as a Principal Adviser - Interest of the service - Equivalence of posts - Reorganisation of Eurostat - Appointment to a position as Director - Vacancy notice - Duty to state reasons - Assessment of the candidates' merits - Action for annulment - Action for damages)

Language of the case: French

Parties

Applicant: Giuseppe Caló (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and H. Krämer, agents)

Re:

First, an application for annulment of the Commission's decision of 9 July 2003 to reassign the applicant from a post as Director to a post as Principal Adviser, of the Commission's decision of 1 October 2003 reorganising Eurostat, in so far as it confirms the applicant's reassignment, and an application for compensation for the non-material harm allegedly suffered by the applicant; secondly, an application for annulment of the Commission's decision of 30 March 2004 appointing Mr N. to the post of Director of the Eurostat directorate 'Agriculture, fisheries, structural funds and environment statistics' and rejecting the applicant's candidature for that post.

Operative part of the judgment

The Court:

in Case T-118/04, orders the Commission to pay the applicant the sum of EUR one by way of damages for breach of administration;

in Case T-134/04, orders the Commission to pay the applicant the sum of EUR 5 000 by way of damages for breach of administration;

dismisses the actions as to the remainder;

in Case T-118/04, orders the Commission to bear its own costs inclusive of those of the proceedings for interim relief before the Court of First Instance, and one fifth of the costs incurred by the applicant inclusive of those of the proceedings for interim relief before the Court of First Instance;

in Case T-118/04, orders the applicant to bear four fifths of its own costs inclusive of those of the proceedings for interim relief before the Court of First Instance;

in Case T-134/04, orders the Commission to pay all of the costs inclusive of those of the proceedings for interim relief before the Court of First Instance.

____________

¹ - OJ C 118, 30.4.2004.