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Case T-641/11 P: Order of the General Court of 13 December 2012 — Mische v Commission (Appeal — Civil service — Officials — Appointment — Classification in grade and step — Competition published before the entry into force of the new Staff Regulations of Officials — Recruitment by the Parliament and simultaneous transfer to the Commission — No need to adjudicate in part — Appeal in part clearly unfounded)
ECLI:EU:UNKNOWN:62011TB0641
62011TB0641
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9.2.2013
Official Journal of the European Union
C 38/24
(Case T-641/11 P) (<span class="super">1</span>)
(Appeal - Civil service - Officials - Appointment - Classification in grade and step - Competition published before the entry into force of the new Staff Regulations of Officials - Recruitment by the Parliament and simultaneous transfer to the Commission - No need to adjudicate in part - Appeal in part clearly unfounded)
2013/C 38/43
Language of the case: English
Parties
Appellant: Harald Mische (Brussels, Belgium) (represented by: R. Holland, J. Mische and M. Velardo, lawyers)
Other parties to the proceedings: European Commission (represented by: J. Currall, acting as Agent); and Council of the European Union (represented by: A.F. Jensen and J. Herrmann, acting as Agents)
Re:
Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-70/05 Mische v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that judgment set aside.
Operative part of the order
1.There is no further need to adjudicate on the appeal to the extent that it is directed against the judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-70/05 Mische v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 in so far as that judgment dismisses the claims for annulment of the decision of the Commission of the European Communities of 11 November 2004 because that decision determines Mr Harald Mische’s grade to be A*6;
2.The appeal is dismissed as to the remainder;
3.Mr Harald Mische shall bear his own costs and pay those incurred by the European Commission in the present proceedings;
4.The Council of the European Union shall bear its own costs.
(<span class="super">1</span>) OJ C 49, 18.2.2012.