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Case F-20/06: Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — de Luca v Commission (Civil service — Officials — Appointment — Officials advancing to a higher function group by open competition — Candidate placed on a reserve list prior to the entry into force of the new Staff Regulations — Transitional rules governing classification in grade at the time of recruitment — Classification in grade pursuant to the new, less favourable rules — Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)

ECLI:EU:UNKNOWN:62006FA0020

62006FA0020

September 30, 2010
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4.12.2010

Official Journal of the European Union

C 328/60

(Case F-20/06) (<span class="super">1</span>)

(Civil service - Officials - Appointment - Officials advancing to a higher function group by open competition - Candidate placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 328/96

Language of the case: French

Parties

Applicant: Patricia de Luca (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, 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 M. Simm, acting as Agents)

Re:

Annulment of the Commission’s decision of 23 February 2005 appointing the applicant, an official already graded at A*10 and a successful candidate in a competition for grades A5/A4, to a post as an administrator in the Directorate-General for Justice, Freedom and Security in so far as it alters her classification in grade from A*10 to A*9

Operative part of the judgment

The Tribunal:

1.Dismisses the application;

2.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 108, 6.5.2006, p. 31.

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