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Case T-47/05: Judgment of the Court of First Instance of 18 September 2008 — Angé Serrano and Others v Parliament (Staff case — Officials — Success in internal competitions for change of category under the Staff Regulations — Entry into force of the new Staff Regulations — Transitory rules for classification in grade — Changes to levels of hierarchy under the old Staff Regulations — Admissibility — Plea of illegality — Acquired rights — Legitimate expectations — Proportionality — Equal treatment — Principle of sound administration and duty of care)
ECLI:EU:UNKNOWN:62005TA0047
62005TA0047
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Official Journal of the European Union
C 285/34
(Case T-47/05) (1)
(Staff case - Officials - Success in internal competitions for change of category under the Staff Regulations - Entry into force of the new Staff Regulations - Transitory rules for classification in grade - Changes to levels of hierarchy under the old Staff Regulations - Admissibility - Plea of illegality - Acquired rights - Legitimate expectations - Proportionality - Equal treatment - Principle of sound administration and duty of care)
(2008/C 285/60)
Language of the case: French
Parties
Applicants: Pilar Angé Serrano (Luxembourg, Luxembourg), Jean-Marie Bras (Luxembourg), Dominiek Decoutere (Wolwelange, Luxembourg), Armin Hau (Luxembourg), Adolfo Orcajo Teresa (Brussels, Belgium) and Francisco Javier Solana Ramos (Brussels), represented by É. Boigelot, lawyer.
Defendant: European Parliament (represented by: initially, L. Knudsen, A. Bencomo Weber and K. Zejdova, and subsequently by L. Knudsen and K. Zejdova)
Intervener in support of the form of order sought by the defendant: Council of the European Union (represented by: M. Sims and I. Sulce, and subsequently I. Sulce and M. Sims, acting as Agents)
Re:
Application for annulment of the individual decisions containing the applicants' classification in the intermediate grade from 1 May 2004 and communicated to them, by letter from the Director General for Personnel of the European Parliament, during the first week of May 2004, and of any act consecutive to and/or relating to those decisions, even ones adopted subsequent to the present action, and an application to order the European Parliament to pay damages and interest.
Operative part of the judgment
The Court:
1.Finds that there is no need to adjudicate in respect of Angé Serrano and Bras and Orcajo Teresa as regards the first head of claim;
2.Dismisses the remainder of the application;
3.Orders the European Parliament to bear its own costs and to pay those incurred by Angé Serrano and Bras and Orcajo;
4.Orders Dominiek Decoutere, Armin Hau and Francisco Javier Solana to bear their own costs;
5.Orders the Council to bear its own costs.
(1) OJ C 93, 16.4.2005.