# C_2007096EN.01003302.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/33 |
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28.4.2007

EN

Official Journal of the European Union

C 96/33

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Judgment of the Court of First Instance of 29 March 2007 — Verheyden v Commission

(Case T-368/04) (1)

1

(Staff case - Application to carry over annual leave - Requirements of the service - Sick leave - Protection of legitimate expectations)

(2007/C 96/69)

Language of the case: French

Parties

Applicant: Luc Verheyden (Angera, Italy) (represented by: É. Boigelot, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: V. Joris and L. Lozano Palacios, Agents)

Defendant:

Re:

Application, firstly, for annulment of the decisions of the applicant's head of unit, dated 4, 24 and 27 February 2004, relating to the applicant's application to carry over from 2003 to 2004 the days of annual leave not taken which exceeded the threshold of 12 days and for annulment of the administration's decision of 1 June 2004, received on 14 June 2004, rejecting the applicant's complaint and, secondly, for an order that the Commission pay compensation for 32 days of annual leave not used up and not paid, together with interest at 5.25 % from the date of commencement of this action and for an order for payment of damages in respect of non-material damage, detriment to his career and detriment to his reputation

Operative part of the judgment

The Court:

| 1. | annuls the decision of the applicant's superior of 27 February 2004 refusing to sign his application to carry over annual leave from 2003 to 2004, in so far as it refuses to grant the carrying over, in addition to the 12 days which may be carried over as of right, of eight days of annual leave referred to by the director of resources of the Joint Research Centre in an email of 11 February 2003; |
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1.

annuls the decision of the applicant's superior of 27 February 2004 refusing to sign his application to carry over annual leave from 2003 to 2004, in so far as it refuses to grant the carrying over, in addition to the 12 days which may be carried over as of right, of eight days of annual leave referred to by the director of resources of the Joint Research Centre in an email of 11 February 2003;

| 2. | orders the Commission to pay the applicant a sum corresponding to eight thirtieths of his monthly remuneration at the time of leaving the service, together with default interest as from 13 September 2004. The rate of default interest to be applied is to be calculated on the basis of the European Central Bank's rate for its main refinancing operations, in force during the period concerned, plus two percentage points; |
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2.

orders the Commission to pay the applicant a sum corresponding to eight thirtieths of his monthly remuneration at the time of leaving the service, together with default interest as from 13 September 2004. The rate of default interest to be applied is to be calculated on the basis of the European Central Bank's rate for its main refinancing operations, in force during the period concerned, plus two percentage points;

| 3. | dismisses the action as to the remainder; |
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3.

dismisses the action as to the remainder;

| 4. | orders the Commission to bear its own costs and to pay the costs incurred by the applicant. |
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4.

orders the Commission to bear its own costs and to pay the costs incurred by the applicant.

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(1)  OJ C 300, 4.12.2004.

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