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C 294/64 EN Official Journal of the European Union 2.12.

2006

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Plenary Forma- Judgment of the Civil Service Tribunal (Second Chamber)
tion) of 26 October 2006 — Landgren v European of 19 October 2006 — De Smedt v Commission
Training Foundation
(Case F-59/05) (1)
(Case F-1/05) (1)

(Member of the temporary staff — Contract of indeterminate (Member of the contract staff — Request for reclassification
duration — Dismissal — Professional inadequacy — Duty to of grade and reassessment of the remuneration set on recruit-
state reasons — Manifest error of appraisal) ment — Former member of the auxiliary staff employed as a
member of the contract staff without any change of functions
— Articles 3a and 80(2) and (3) of the CEOS — Duties
(2006/C 294/126) covered by the different function groups — Equal treatment)

Language of the case: French


(2006/C 294/127)

Language of the case: French


Parties

Claimant: Pia Landgren (Turin, Italy) (represented by: M.-A.


Lucas, lawyer)
Parties
Defendant: European Training Foundation (represented by: M.
Dunbar, Director, and G. Vandersanden, lawyer) Applicant: Elisabeth De Smedt (Wezembeek-Oppem, Belgium)
(represented by: L. Vogel, lawyer)

Re: Defendant: Commission of the European Communities (repre-


sented by: J. Currall and G. Berscheid, acting as Agents)
Annulment of the decision to dismiss the claimant and applica-
tion for damages.

Re:
Operative part of the judgment
First, annulment of the Commission's decision rejecting the
The Tribunal: complaint submitted by the applicant, a former member of the
auxiliary staff, against the decision fixing her grade and remu-
neration as a contract staff member and, secondly, an applica-
1. sets aside the decision of the European Training Foundation of tion for damages
25 June 2004 to revoke Ms Landgren's contract of indeterminate
duration as a member of the temporary staff;

2. enjoins the parties to forward to the Tribunal, within three months


Operative part of the judgment
of the date of delivery of this judgment, either the jointly agreed
amount of monetary compensation resulting from the illegality of
the decision of 25 June 2004 or, failing agreement on the matter, 1. The action is dismissed.
the figures which they wish to submit in respect of that amount;

3. reserves the costs. 2. Each party shall bear its own costs.

(1) OJ C 182 of 23.7.2005, p. 39 (case originally registered before the (1) OJ C 229, 17.9.2005, p. 29 (case initially registered before the
Court of First Instance of the European Communities under number Court of First Instance of the European Communities under number
T-180/05 and transferred to the European Union Civil Service T-267/05 and transferred to the Civil Service Tribunal of the Euro-
Tribunal by order of 15.12.2005). pean Union by order of 15.12.2005).