Language of document :

Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 - Smadja v Commission

(Case F-135/07) 1

(Staff case - Officials - Recruitment - Appointment - Classification by step - New appointment of the applicant to the same post after his first appointment was annulled by judgment of the Court of First Instance - Principle of proportionality - Principle of the protection of legitimate expectations - Duty to have regard to the welfare of officials)

Language of the case: French


Applicant: Daniele Smadja (New Delhi, India) (represented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and K. Herrmann, Agents)


First, annulment of the Commission decision appointing the applicant, an official placed initially in Grade A*15, step 4, inasmuch as it places her in grade A*15, step 1 following her re-appointment to the post of Director of Directorate B of RELEX after the annulment of her first appointment, and, second, a claim for non-material and material loss

Operative part of the judgment

The Tribunal:

Annuls the decision of the Commission of the European Communities of 21 December 2006, placing Ms Smadja in grade A*15, step 1, with seniority in step as at 1 November 2005;

Orders the Commission of the European Communities to pay all the costs.


1 - OJ C 37, 09.02.2008, p. 35.