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Case F-25/07: Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2010 — Bleser v Court of Justice (Civil Service — Officials — Appointment — Classification in grade by application of new, less favourable, rules — Articles 2 and 13 of Annexe XIII to the Staff Regulations — Principle of transparency — Principle of correspondence between the grade and the post — Prohibition of discrimination on grounds of age — Duty of care — Principle of sound administration — Principles of legal certainty and non-retroactivity — The prohibition on reformatio in pejus — Principle of the protection of legitimate expectations — Principle of good faith — Principle patere legem quam ipse fecisti)

ECLI:EU:UNKNOWN:62007FA0025

62007FA0025

December 14, 2010
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Official Journal of the European Union

C 38/18

(Case F-25/07)(1)

(Civil Service - Officials - Appointment - Classification in grade by application of new, less favourable, rules - Articles 2 and 13 of Annexe XIII to the Staff Regulations - Principle of transparency - Principle of correspondence between the grade and the post - Prohibition of discrimination on grounds of age - Duty of care - Principle of sound administration - Principles of legal certainty and non-retroactivity - The prohibition on reformatio in pejus - Principle of the protection of legitimate expectations - Principle of good faith - Principle patere legem quam ipse fecisti)

2011/C 38/33

Language of the case: German

Parties

Applicant: Thomas Bleser (Nittel, Germany) (represented by: P. Goergen and M. Wehrheim, lawyers)

Defendant: Court of Justice of the European Union (represented initially by: M. Schauss, Agent, later by A. V. Placco and M. Glaeser, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, Agents)

Re:

Annulment of the decision of the Court of Justice classifying the applicant, who was placed on a reserve list before the entry into force of the new Staff Regulations, in accordance with the less favourable provisions thereof (Article 12 of Annex XII to Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials)

Operative part of the judgment

The Tribunal:

1.Dismisses the action;

2.Orders each party to bear its own costs.

(1)

OJ C 117, 26.5.2007, p. 36.

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