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Case F-107/05: Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — Toth v Commission (Civil service — Member of the temporary staff — Classification in grade — Grades laid down in the call for applications — Amendment of the rules governing classification of members of the temporary staff after publication of the call for applications — Classification in grade under the new, less favourable rules — Transitional provisions — Application by analogy — Article 12(3) of Annex XIII to the Staff Regulations — Proportionality — Principle of good administration)
ECLI:EU:UNKNOWN:62005FA0107
62005FA0107
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4.12.2010
Official Journal of the European Union
C 328/59
(Case F-107/05)(<span class="super">1</span>)
(Civil service - Member of the temporary staff - Classification in grade - Grades laid down in the call for applications - Amendment of the rules governing classification of members of the temporary staff after publication of the call for applications - Classification in grade under the new, less favourable rules - Transitional provisions - Application by analogy - Article 12(3) of Annex XIII to the Staff Regulations - Proportionality - Principle of good administration)
2010/C 328/95
Language of the case: French
Parties
Applicant: Gergely Toth (Besozzo, Italie) (represented by: initially, S. Rodrigues and Y. Minatchy, lawyers, subsequently by S. Rodrigues, C. Bernard-Glanz and R. Albelice, lawyers, and finally by S. Rodrigues and C. Bernard-Glanz, lawyers)
Defendant: European Commission (represented by: J. Currall and H. Krämer, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, acting as Agents, and subsequently by K. Zieleśkiewicz and M. Bauer, acting as Agents)
Re:
First, annulment of the Commission’s decision classifying the applicant at grade A*6 on his appointment as a member of the temporary staff and, secondly, an application for damages
Operative part of the judgment
The Tribunal:
1.Annuls the European Commission’s decision classifying Mr Toth at grade A*6, step 2, contained in Article 3 of the temporary staff contract signed on 17 January 2005;
2.Dismisses the remainder of the application;
3.Orders the European Commission to bear its own costs and to pay the costs of the applicant.
4.Orders the Council of the European Union, intervener, to bear its own costs.
(<span class="super">1</span>) OJ C 22, 28.1.2006, p. 15. (Case originally registered at the Court of First Instance of the European Communities as Case T-401/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)