Judgment of the Civil Service Tribunal (Third Chamber) of 5 March 2008 — Toronjo Benitez v Commission

(Case F-33/07)

(Civil Service - Officials - Promotion - Former members of the temporary staff whose remuneration falls under research credits - Removal of points from the applicant's balance - Transfer of an official from the Research part to the Operational part of the general budget - Unlawfulness of Article 2 of the Commission's decision of 16 June 2004 on the promotion procedure for officials whose remuneration falls under the ‘Research’ credits of the general budget)

(2008/C 158/41)

Language of the case: French

Parties

Applicant: Alberto Toronjo Benitez (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and K. Herrmann, Agents)

Re:

First, annulment of the Commission's decision to remove the 44,5 points from the applicant's balance which he had accumulated as a member of the temporary staff and, second, a declaration that Article 2 of the Commission's decision on the promotion procedure for officials whose remuneration falls under the ‘Research’ credits of the general budget is unlawful.

Operative part of the judgment

The Tribunal: