Judgment of the Court (Second Chamber) of 6 December 2007 – Marcuccio v Commission
(Case C‑59/06 P)
Appeal – Officials – Employment in a non-Member State – Reassignment of post and post holder – Duty to respect the rights of the defence – Scope – Burden of proof
Officials – Principles – Rights of the defence – Scope – Obligation to hear the person concerned before adopting a decision involving his reassignment against his wishes – Burden of proof (see paras 45-48, 55-58, 67, 71)
Re:
| Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 24 November 2005 in Case T-36/02 | Marcuccio | v | Commission | by which that Court dismissed an action seeking annulment of the Commission decision reassigning the appellant’s post at the delegation of the Commission in Luanda (Angola) to the Commission’s headquarters in Brussels and a claim for damages. |
Operative part
The Court
1. |
| Sets aside the judgment of the Court of First Instance of 24 November 2005 in Case T-236/02 Marcuccio v Commission; |
2. |
| Refers the case back to the Court of First Instance of the European Communities; |
3. |
| Reserves the costs. |