Judgment of the Court of First Instance of 18 June 2009 - Commission v Traore
(Appeal -Public service - Officials - Recruitment - Notice of vacancy - Appointment to the post of Head of Operations at the Commission Delegation in Tanzania - Determination of the level of the post to be filled - Principle of separation of the grade and the function)
Language of the case: French
Parties
Appellant: Commission of the European Communities (represented by: J. Currall, G. Berscheid and B. Eggers, Agents)
Other party to the proceedings: Amadou Traore (Rhode-St-Genèse, Belgium) (represented by: É. Boigelot, lawyer)
Interveners in support of the appellant: European Parliament (represented by: C. Burgos and K. Zejdová, Agents); Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents); and Court of Auditors of the European Communities (represented by T. Kennedy and J.-M. Stenier, Agents)
Re:
Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 13 November 2008 in Case F-90/07 Traore v Commission, seeking annulment of that judgment.
Operative part of the judgment
The Court:
Sets aside the judgment of the Civil Service Tribunal of the European Union of 13 November 2008 in Case F-90/07 Traore v Commission in so far as it annuls the decision of the of the Director of Resources of the EuropeAid Co-operation Office of the Commission of 12 December 2006 rejecting Mr Amadou Traore's candidature for the post of Head of Operations at the Commission Delegation in Tanzania and the decision to appoint Mr S to that post.
Dismisses the action brought by Mr Traore before the Civil Service Tribunal in Case F-90/07.
Orders Mr Traore and the Commission of the European Communities to pay their own costs relating to the proceedings at first instance and the appeal proceedings.
Orders the European Parliament, the Council of the European Union and the Court of Auditors of the European Communities to pay their own costs.
____________1 - OJ C 44, 21.2.2009.