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

(Case F-56/05) ¹

(Civil service – Officials – Appointment – Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations – Grading under the new, less favourable rules – Article 12 of Annex XIII to the Staff Regulations – Protection of legitimate expectations – Principle of equality – Age discrimination)

Language of the case: German

Parties

Applicant: Peter Strobl (Greifenberg-Beuern, Germany) (represented by: H.-J. Rüber, lawyer)

Defendant: European Commission (represented: initially by J. Currall and H. Krämer, Agents, and subsequently by J. Currall, Agent, and B. Wägenbaur, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm et I. Šulce, Agents)

Re:

Annulment of the Commission’s decision classifying the applicant, who was placed on a reserve list prior to the entry into force of the new Staff Regulations, 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. 28 (case initially registered before the Court of First Instance of the European Communities under the Number T-260/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).