Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 - Dubus and Leveque v Commission

(Case F-66/07) 1

(Staff case - Officials - Promotion - 2006 promotion procedure - Ability to work in a third language)

Language of the case: French

Parties

Applicant: Charles Dubus (Kraainem, Belgium) and Jean Leveque (Wattignies-la-Victoire, France) (represented by: É. Boigelot, initially, and É. Boigelot and L. Defalque, subsequently, lawyers)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Intervener: Council of the European Union (represented by: I. Šulce and M. Simm, Agents)

Re:

Annulment of the decision not to promote the applicants for failure to demonstrate that they were able to work in a third language for the 2006 promotion procedure - Claim for damages.

Operative part of the judgment

The Tribunal:

Annuls the decision of the Commission of the European Communities not to include M. Dubus's name in the list of officials to be promoted to grade C*3 for the 2006 promotion procedure and the decision of the Commission of the European Communities not to include the M. Leveque's name in the list of officials to be promoted to grade B*8 under the procedure for the same year;

Dismisses the remainder of the forms of order of sought;

Orders the Commission of the European Communities to bear its own costs and to pay the cost of the applicants;

Orders the Council of the European Union to bear its own costs.

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1 - OJ C 199, 25.08.2007, p. 54.