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Case F-78/12: Judgment of the Civil Service Tribunal (Second Chamber) of 29 April 2015 — Todorova Androva v Council (Civil Service — Promotion — 2011 promotion year — Not included in the list of officials eligible for promotion — Article 45 of the Staff Regulations — Two years’ seniority in the grade — Failure to take account of the period of work carried out as a member of the temporary staff — Difference in treatment due to the legal nature of the employment of the workers concerned — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Reliance — Exclusion)
ECLI:EU:UNKNOWN:62012FA0078
62012FA0078
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Official Journal of the European Union
C 198/48
(Case F-78/12) (<span class="super">1</span>)
((Civil Service - Promotion - 2011 promotion year - Not included in the list of officials eligible for promotion - Article 45 of the Staff Regulations - Two years’ seniority in the grade - Failure to take account of the period of work carried out as a member of the temporary staff - Difference in treatment due to the legal nature of the employment of the workers concerned - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Reliance - Exclusion))
(2015/C 198/65)
Language of the case: French
Parties
Applicant: Viara Todorova Androva (Rhode-Saint-Genese, Belgium) (represented by: M. Velardo, lawyer)
Defendant: Council of the European Union (represented by: J. Herrmann and M. Bauer, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)
Re:
Annulment of the Council's decision not to include the applicant in the list of officials eligible for promotion in respect of 2011.
Operative part of the judgment
The Tribunal:
1.Dismisses the action;
2.Orders Ms Todorova Androva to bear her own costs and to pay the costs incurred by the Council of the European Union;
3.Orders the European Commission and the European Court of Auditors to bear their own costs.
(<span class="super">1</span>) OJ C 295, 29.9.2012, p. 34.