# C_2010328EN.01006103.xml

| 4.12.2010 | EN | Official Journal of the European Union | C 328/61 |
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4.12.2010

EN

Official Journal of the European Union

C 328/61

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Action brought on 4 October 2010 — Blessemaille v Parliament

(Case F-93/10)

()

2010/C 328/100

Language of the case: French

Parties

Parties

Applicant: Philippe Blessemaille (Remich, Luxembourg) (represented by: E. Boigelot and S. Woog, lawyers)

Applicant:

Defendant: European Parliament

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Application for annulment of the defendant’s decision not to include the applicant on the list of officials promoted to grade AST 8 under the 2009 promotion procedure and for compensation in respect of the non-material damage suffered

Form of order sought

Form of order sought

| — | Annul the decision of the Parliament, published on 2 December 2009, not to include the applicant on the list of officials promoted from grade AST 7 to grade AST 8 under the 2009 promotion procedure; |
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Annul the decision of the Parliament, published on 2 December 2009, not to include the applicant on the list of officials promoted from grade AST 7 to grade AST 8 under the 2009 promotion procedure;

| — | As a result of that annulment, carry out a new comparative examination of the merits of the applicant and the other candidates under the 2008 and 2009 promotion procedures and accord to the applicant the promotion to grade AST 8 with retroactive effect as from 1 January 2008 as well the payment of interest on arrears of remuneration as from 1 January 2008 at two points above the European Central Bank rate for main refinancing operations, without, however, calling into question the promotions of the other officials promoted; |
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As a result of that annulment, carry out a new comparative examination of the merits of the applicant and the other candidates under the 2008 and 2009 promotion procedures and accord to the applicant the promotion to grade AST 8 with retroactive effect as from 1 January 2008 as well the payment of interest on arrears of remuneration as from 1 January 2008 at two points above the European Central Bank rate for main refinancing operations, without, however, calling into question the promotions of the other officials promoted;

| — | Order the Parliament to pay to the applicant the sum of EUR 3 500 as compensation for the non-material damage suffered as a result of his not being promoted on 1 January 2008, subject to the possibility of an increase in the course of the proceedings; |
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Order the Parliament to pay to the applicant the sum of EUR 3 500 as compensation for the non-material damage suffered as a result of his not being promoted on 1 January 2008, subject to the possibility of an increase in the course of the proceedings;

| — | In the alternative, if the Tribunal should take the view that the promotion to grade AST 8 cannot take effect before 1 January 2009, order the Parliament to pay additional damages as compensation for material damage of an amount corresponding to the difference in salary between that actually received in 2008 and that which should have been received in 2008 following the promotion on 1 January 2008, and calculated in respect of the period either from 1 January to 31 December 2008 or from 1 January to 31 August 2008, depending on the date on which the disputed promotion is deemed to have taken effect (respectively 1 January 2009 or 1 September 2008); |
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In the alternative, if the Tribunal should take the view that the promotion to grade AST 8 cannot take effect before 1 January 2009, order the Parliament to pay additional damages as compensation for material damage of an amount corresponding to the difference in salary between that actually received in 2008 and that which should have been received in 2008 following the promotion on 1 January 2008, and calculated in respect of the period either from 1 January to 31 December 2008 or from 1 January to 31 August 2008, depending on the date on which the disputed promotion is deemed to have taken effect (respectively 1 January 2009 or 1 September 2008);

| — | Order the Parliament to pay the costs. |
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Order the Parliament to pay the costs.

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