Judgment of the Civil Service Tribunal (2nd Chamber) of 11 September 2008 - Bui Van v Commission
(Staff case - Officials - Recruitment - Classification in grade and step - Improper classification - Withdrawal of a measure vitiated by illegality - Legitimate expectations - Reasonable time-limit - Rights of the defence - Right to sound administration)
Language of the case: French
Parties
Applicant: Philippe Bui Van (Hettange-Grande, France) (represented by: S. Rodrigues and R. Albelice, lawyers)
Defendant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, Agents)
Re:
First, annulment of the decision of the Director General of the Commission's Joint Research Centre of 4 October 2006 in so far as it reclassifies the applicant in Grade AST 3, whereas he was initially classified in Grade AST 4 and, secondly, an application for damages.
Operative part of the judgment
The Tribunal:
Orders the Commission of the European Communities to pay Mr Bui Van the sum of EUR 1 500 by way of damages;
Dismisses the action as to the remainder;
Orders Mr Bui Van to pay two thirds of his costs;
Orders the Commission of the European Communities to pay its own costs and one third of the costs incurred by Mr Bui Van.
____________1 - OJ C 170, 21.07.2007, p. 43.