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Case F-51/07: Judgment of the Civil Service Tribunal (Second 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)

ECLI:EU:UNKNOWN:62007FA0051

62007FA0051

January 1, 2007
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6.12.2008

Official Journal of the European Union

C 313/57

(Case F-51/07)

(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)

(2008/C 313/103)

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:

1.Orders the Commission of the European Communities to pay Mr Bui Van the sum of EUR 1 500 by way of damages;

2.Dismisses the action as to the remainder;

3.Orders Mr Bui Van to pay two thirds of his costs;

4.Orders the Commission of the European Communities to pay its own costs and one third of the costs incurred by Mr Bui Van.

(<span class="super">1</span>) OJ C 170, 21.7.2007, p. 43.

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