24.1.2009

Official Journal of the European Union

C 19/31

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(Case T-485/08 P)

(2009/C 19/59)

Language of the case: French

Parties

Appellant: Paul Lafili (Genk, Belgium) (represented by: L. Levi, lawyer)

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant

The appellant claims the Court should:

—annul the judgment of the Civil Service Tribunal of the European Union of 4 September 2008 in Case F-22/07 in so far as it rejected the pleas in law alleging infringement of Articles 44 and 46 of the Staff Regulations and Article 7 of Annex XIII to the Staff Regulations and an infringement of the principle of legitimate expectations;

—consequently, allow the appellant's claims at first instance and, therefore,

—the annulment of the decision to classify the appellant in Grade AD 13, step 5, contained in a note of DG ADMIN of 11 May 2006 and in the appellant's salary slip of June 2006 and in his subsequent salary slips;

—leading to:

—the reinstatement, with effect from 1 May 2006, of the applicant in grade AD 13, step 2, retaining the multiplication factor 1.1172071;

—the full restructuring of the appellant's career with retroactive effect from 1 May 2006 to the date of his classification in grade and step as thus corrected (including the valuation of his experience in his classification as thus corrected, his rights of advancement to a higher step and his pension rights), which includes the payment of default interest at the base rate fixed by the European Central Bank for its main refinancing operations, applicable during the period concerned, increased by two points, on the total sum of the difference between the remuneration for his classification as set out in the classification decision and the classification to which he should have been entitled until the date on which the decision on his corrected classification is taken;

—the order that the Commission is to pay all the costs;

—order the defendant to pay all the costs at first instance and of the appeal.

Pleas in law and main arguments

By this appeal, the appellant is seeking the annulment of the judgment of the Civil Service Tribunal (CST) of 4 September 2008, given in Case F-22/07 Lafili v Commission, by which the CST annulled the decision of the Head of Unit A6 ‘Career structure, evaluation and promotion’ in the ‘Personnel and Administration’ General-Directorate of the Commission of the European Communities of 11 May 2006, in so far as the judgment under appeal rejects the appellant's pleas in law alleging infringement of Articles 44 and 46 of the Staff Regulations of Officials of the European Communities (‘the Staff Regulations’) and Article 7 of Annex XIII to the Staff Regulations and an infringement of the principle of legitimate expectations.

In support of his appeal, the appellant raised a single plea alleging the infringement, at first instance, of Articles 44 and 46 of the Staff Regulations, of Article 7 of Annex XIII to the Staff Regulations, the infringement of the principles of interpretation of Community law and of the obligation to state reasons, and a distortion of the evidence.

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