Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 – Mische v Commission

(Case F-70/05) ¹

(Civil service – Appointment – Successful candidate in a competition published before the entry into force of the new Staff Regulations but finalised afterwards – Grading under new, less favourable rules)

Language of the case: English

Parties

Applicant: Harald Mische (Brussels, Belgium) (represented: initially by G. Vandersanden and L. Levi, lawyers, and subsequently by R. Holland, B. Maluch and J. Mische, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, Agents)

Re:

Annulment of the Commission’s decision classifying the applicant at grade A*6 following a competition published before the entry into force of the new Staff Regulations but finalised after that date, under the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 amending the Staff Regulations of Officials)

Operative part of the judgment

The Tribunal:

Dismisses the action;

Orders each party to bear its own costs;

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

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¹      OJ C 229, 17.9.2005, p. 35 (case initially registered before the Court of First Instance of the European Communities under the Number T-288/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).