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Case F-119/06: Judgment of the Civil Service Tribunal (Second Chamber) of 8 May 2008 — Kerstens v Commission (Staff case — Officials — Admissibility — Organisational Chart — Act adversely affecting an official — Change of posting — Change of duties — Interests of the service — Equivalence of posts — Covert penalty — Misuse of powers)

ECLI:EU:UNKNOWN:62006FA0119

62006FA0119

January 1, 2006
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15.8.2008

Official Journal of the European Union

C 209/70

(Case F-119/06)

(Staff case - Officials - Admissibility - Organisational Chart - Act adversely affecting an official - Change of posting - Change of duties - Interests of the service - Equivalence of posts - Covert penalty - Misuse of powers)

(2008/C 209/128)

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities (represented by: K. Herrmann and M. Velardo, Agents)

Re:

First, annulment of the decision of 8 December 2005 of the Board of the Office for Administration and Payment of Individual Entitlements (PMO) amending the PMO's organisation chart inasmuch as that decision had the effect of reassigning the applicant, at that time head of the ‘Resources’ Unit, to a research position and, second, a claim for damages.

Operative part of the judgment

The Tribunal:

1.Dismisses the action;

2.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 294, 2.12.2006, p. 68.

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