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Case F-135/07: Judgment of the Civil Service Tribunal (Second Chamber) of 11 September 2008 — Smadja v Commission (Staff case — Officials — Recruitment — Appointment — Classification by step — New appointment of the applicant to the same post after his first appointment was annulled by judgment of the Court of First Instance — Principle of proportionality — Principle of the protection of legitimate expectations — Duty to have regard to the welfare of officials)

ECLI:EU:UNKNOWN:62007FA0135

62007FA0135

January 1, 2007
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6.12.2008

Official Journal of the European Union

C 313/58

(Case F-135/07)

(Staff case - Officials - Recruitment - Appointment - Classification by step - New appointment of the applicant to the same post after his first appointment was annulled by judgment of the Court of First Instance - Principle of proportionality - Principle of the protection of legitimate expectations - Duty to have regard to the welfare of officials)

(2008/C 313/106)

Language of the case: French

Parties

Applicant: Daniele Smadja (New Delhi, India) (represented by: É. Boigelot, lawyer)

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

Re:

First, annulment of the Commission decision appointing the applicant, an official placed initially in Grade A*15, step 4, inasmuch as it places her in grade A*15, step 1 following her re-appointment to the post of Director of Directorate B of RELEX after the annulment of her first appointment, and, second, a claim for non-material and material loss

Operative part of the judgment

The Tribunal:

1.Annuls the decision of the Commission of the European Communities of 21 December 2006, placing Ms Smadja in grade A*15, step 1, with seniority in step as at 1 November 2005;

2.Orders the Commission of the European Communities to pay all the costs.

* * *

(1) OJ C 37, 9.2.2008, p. 35.

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