15.8.2008   

EN

Official Journal of the European Union

C 209/49


Judgment of the Court of First Instance of 8 July 2008 — Commission v Economidis

(Case T-56/07 P) (1)

(Appeals - Staff cases - Officials - Annulment at first instance of the Commission's decision to appoint a head of unit - Rejection of the applicant's candidature - Appointment of another candidate - Determination of the level of the post to be filled in the vacancy notice - Principle of separation of the grade and the function - Appeal well-founded - Dispute capable of being decided - Dismissal of the action)

(2008/C 209/86)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, Agents)

Other party to the proceedings: Ioannis Economidis (Woluwé-Saint-Etienne, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Interveners in support of the appellant: European Parliament (represented by: C. Burgos and A. Lukošiūtė, Agents); Council of the European Union (represented by: M. Simm and I. Sulce, Agents); and Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Stenier and B. Schäfer, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 14 December 2006 in Case F-122/05 Economidis v Commission, not yet published in the ECR-SC, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1.

Sets aside the judgment of the Civil Service Tribunal of the European Union of 14 December 2006 in Case F-122/05 Economidis v Commission, not yet published in the ECR-SC;

2.

Dismisses the action brought by Mr Ioannis Economidis before the Civil Service Tribunal in Case F-122/05;

3.

Orders Mr Economidis and the Commission to bear their own costs both in relation to the proceedings before the Civil Service Tribunal and before this Court;

4.

Orders the European Parliament, the Council of the European Union and the Court of Auditors of the European Communities to bear their own costs.


(1)  OJ C 95, 28.4.2007.