Appeal Brought on 19 September 2007 by Commission of the European Communities Against the Judgment of the Civil Service Tribunal

24.11.2007 EN Official Journal of the European Union C 283/31

Appeal brought on 19 September 2007 by Commission of The second plea alleges breach of the principle of the obligation the European Communities against the judgment of the to state reasons in that the Civil Service Tribunal did not rule Civil Service Tribunal delivered on 5 July 2007 in Case on the concept of remuneration. F-26/06, Bertolete and Others v Commission

(Case T-359/07 P)

(2007/C 283/57)

Language of the case: French Appeal brought on 19 September 2007 by Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 5 July 2007 in Case F-24/06 Abarca Montiel and Others v Commission

Parties (Case T-360/07 P)

Appellant: Commission of the European Communities (represented by: D. Martin and L. Lozano Palacios, acting as Agents) (2007/C 283/58)

Other parties to the proceedings: M. Bertolete (Wolowé-Saint- Language of the case: French Lambert, Belgiun), A.P. Cunha Correia (Koekelberg, Belgium), M. Lichteveld (Wavre, Belgium), M. Mozelsio (Enghien, Belgium), F. Orlando (Anderlecht, Belgium), F. Pendville (Etterbeek, Belgium), B. Simons (Bocholt, Belgium), D. Sneessens (Auderghem, Belgium), S. Voisin (Forest, Belgium) Parties

Form of order sought by the appellant Appellant: Commission of the European Communities (represented by D. Martin and L. Lozano Palacios, Agents) — Annul the judgment of the Civil Service Tribunal of 5 July 2007 in Case F-26/06; Other parties to the proceedings: S. Abarca Montiel (Wauthier- Braine, Belgium), K. Adams (Wavre, Belgium), M. Alvarez y — refer the case back to the Civil Service Tribunal; Bejerano (Sint-Pieters-Leeuw, Belgium), C. Baesens (Brussels, Belgium), C. Blancke (Brussels, Belgium), V. Bruneel — reserve the costs; (Kampenhout, Belgium), G. Butera (Rebecq, Belgium), C. Clarie (Denderhoutem, Belgium), G. Gallo (Zellik-Asse, Belgium), C. — in the alternative, annul the judgment of the Civil Service Gilis (Ganshoren, Belgium), I. Gillard (Gingelom, Belgium), C. Tribunal of 5 July 2007 in Case F-26/06 and, in determining Kremer (Laeken, Belgium), D. Maris (Schaerbeek, Belgium), M. the present case itself, grant the forms of order sought by Menacho y Sanchez (Zellik-Asse, Belgium), R. Thiry (Herstal, the defendant at first instance, and therefore, dismiss the Belgium), S. Timmermans (Brussels, Belgium), R. Tuts action in Case F-26/06; order the defendant in the appeal to (Boutersem, Belgium), E. Tzikas (Anderlecht, Belgium), C. Van pay the costs. Droogenbroeck (Eghezee, Belgium), C. Willems (Liernu, Belgium)

Pleas in law and main arguments

By judgment of 5 July 2007 in Case F-26/06, Bertolete and Form of order sought by the appellant Others v Commission, the Civil Service Tribunal (CST) annulled the decisions by which the Commission fixed the applicants' grading and remuneration under contracts for members of the — Set aside the judgment of the Civil Service Tribunal of 5 July contract staff. The applicants, former salaried employees under 2007 in Case F-24/06; Belgian law, were engaged as nursery school teachers following a change to the regime applicable to other servants of the — Refer the case back to the Civil Service Tribunal; Communities. — Reserve the costs; The Commission's first plea in support of its appeal alleges an error of law in that the Civil Service Tribunal misconstrued the — In the alternative, set aside the judgment of the Civil Service scope of the principle of equal treatment in its interpretation of Tribunal of 5 July 2007 in Case F-24/06 and, ruling itself the applicable provisions, in particular in relation to the defini- on the dispute, allow the form of order sought by the defen- tion used by the Commission to include family allowances in dant at first instance and, accordingly, dismiss the action in the definition of remuneration. Case F-24/06; order the respondents to pay costs. C 283/32EN Official Journal of the European Union 24.11.2007

Pleas in law and main arguments — reserve the costs;

— By judgment of 5 July 2007 delivered in Case F-24/06 Abarca in the alternative, annul the judgment of the Civil Service Montiel and Others v Commission, the Civil Service Tribunal Tribunal of 5 July 2007 in Case F-25/06 and, in determining annulled the decisions by which the Commission fixed the clas- the present case itself, grant the forms of order sought by sification and remuneration of the applicants under their the defendant at first instance, and therefore, dismiss the contracts as members of the contract staff. The applicants, action in Case F-25/06; order the defendant in the appeal to former salaried employees under Belgian law, were taken on as pay the costs. nursery attendants following a change in the conditions of employment of other servants of the Communities.

Pleas in law and main arguments The Commission's first plea in support of its appeal alleges an error of law by the Tribunal in so far as it failed to have proper regard for the scope of the principle of equality of treatment in By judgment of 5 July 2007 in Case F-25/06, Ider and Others v its interpretation of the applicable provisions, in particular with Commission, the Civil Service Tribunal (CST) annulled the deci- regard to the approach followed by the Commission of sion by which the Commission fixed Ms Ider's remuneration including family allowances in the concept of remuneration. under a contract for a member of the contract staff. The applicants, former salaried employees under Belgian law, were engaged as temporary members of staff entrusted with executive The second plea alleges infringement of the principle that duties following a change to the regime applicable to other reasons must be stated in so far as the Civil Service Tribunal servants of the Communities. failed to rule on the concept of remuneration.

The Commission's first plea in support of its appeal alleges an error of law in that the Civil Service Tribunal misconstrued the scope of the principle of equal treatment in its interpretation of the applicable provisions, in particular in relation to the definition used by the Commission to include family allowances in the definition of remuneration. Appeal brought on 19 July 2007 by Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 5 July 2007 in Case F-25/06, The second plea alleges breach of the principle of the obligation Ider and Others v Commission to state reasons in that the Civil Service Tribunal did not rule on the concept of remuneration.

(Case T-361/07 P)

(2007/C 283/59)

Language of the case: French Action brought on 17 September 2007 — Thomson Sales Europe v Commission

Parties (Case T-364/07)

Appellant: Commission of the European Communities (repre- (2007/C 283/60) sented by: D. Martin and L. Lozano Palacios, Agents)

Language of the case: French Other party to the proceedings: B. Ider (Halle, Belgium), M.-C. Desorbay (Meise, Belgium) and L. Noschese (Braine-le-Château, Belgium)

Parties Form of order sought by the appellant

Applicant: Thomson Sales Europe (Boulogne-Billancourt, France) — Annul the judgment of the Civil Service Tribunal of 5 July (represented by: F. Goguel and F. Foucault, lawyers) 2007 in Case F-25/06;

— refer the case back to the Civil Service Tribunal; Defendant: Commission of the European Communities