Judgment of the Court of First Instance of 22 May 2008 - Ott and Others v Commission
(Appeal - Cross-appeal - Admissibility - Civil Service -Officials - Promotion - Promotion for 2004 - Allocation of promotion points - General Implementing Provisions of Article 45 of the Staff Regulations - Plea of illegality - Substitution of grounds - Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded - Dispute capable of being decided - Dismissal of the action)
Language of the case: French
Parties
Applicants: Martial Ott (Oberanven, Luxembourg); Fernando Lopez Tola (Luxembourg, Luxembourg); and Francis Weiler (Itzig, Luxembourg) (represented by: F. Frabetti, lawyer)
Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and D. Martin, agents)
Re:
Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 30 June 2006 Ott and Others v Commission (Case F-87/05, not yet published in the ECR) seeking the annulment of that order.
Operative part of the judgment
The Court:
The order of the Civil Service Tribunal (Second Chamber) of 30 June 2006 Ott and Others v Commission is annulled in so far as it dismissed the action brought by Mr Francis Weiler;
For the rest, the appeal is dismissed;
The cross-appeal is dismissed;
The action brought before the Civil Service Tribunal as Case F-87/05 is dismissed in so far as it was brought by Mr Francis Weiler;
Mr Martial Ott, Mr Fernando Lopez Tola and Mr Francis Weiler shall bear their own costs in relation to the present instance and four fifths of the costs incurred by the Commission. The Commission shall bear one fifth of its own costs in relation to the present instance;
Mr Francis Weiler and the Commission shall bear their own costs in relation to the proceedings before the Civil Service Tribunal.
____________1 - OJ C 281 of 18.11.2006.