# C_2010134EN.01005402.xml

| 22.5.2010 | EN | Official Journal of the European Union | C 134/54 |
| --- | --- | --- | --- |

22.5.2010

EN

Official Journal of the European Union

C 134/54

---

Action brought on 26 February 2010 — Andres and Others v ECB

(Case F-15/10)

2010/C 134/91

Language of the case: French

Parties

Parties

Applicants: Carlos Andres and Others (Frankfurt-am-Main, Germany) (represented by: M. Vandenbussche and L. Levy, lawyers)

Applicants:

Defendant: European Central Bank

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

First, annulment of the applicants’ payslips for June 2009 and all earlier or later payslips in so far as those payslips constitute implementation of the reform of the pension scheme decided on 4 May 2009. Second, compensation for the damage suffered by the applicants.

Form of order sought

Form of order sought

| — | Annul the payslips for June 2009 in so far as those payslips constitute the initial implementation in regard to the applicants of the reform of the pension scheme decided by the Governing Council on 4 May 2009 and annul, to the same extent, all subsequent payslips and all future pension statements; |
| --- | --- |

—

Annul the payslips for June 2009 in so far as those payslips constitute the initial implementation in regard to the applicants of the reform of the pension scheme decided by the Governing Council on 4 May 2009 and annul, to the same extent, all subsequent payslips and all future pension statements;

| — | To the extent necessary, annul the decisions rejecting the applications for administrative review and complaints brought under the grievance procedure dated 28 August and 17 December 2009 respectively; |
| --- | --- |

—

To the extent necessary, annul the decisions rejecting the applications for administrative review and complaints brought under the grievance procedure dated 28 August and 17 December 2009 respectively;

| — | Consequently, order the defendant to pay the difference between the salary and pension resulting from the decision of the Governing Council of 4 May 2009 and that paid in application of the preceding pension scheme, that difference to be increased by interest for late payment with effect from 15 June 2009 and then on the 15th nof each month until the difference has been completely made up, the rate of interest being the ECB rate, increased by three points; |
| --- | --- |

—

Consequently, order the defendant to pay the difference between the salary and pension resulting from the decision of the Governing Council of 4 May 2009 and that paid in application of the preceding pension scheme, that difference to be increased by interest for late payment with effect from 15 June 2009 and then on the 15th nof each month until the difference has been completely made up, the rate of interest being the ECB rate, increased by three points;

| — | Order the defendant to pay damages for the loss suffered by reason of the loss of purchasing power, that loss to be assessed ex aequo et bono, and, on a provisional basis, at 1 % of the monthly salary of each applicant. |
| --- | --- |

—

Order the defendant to pay damages for the loss suffered by reason of the loss of purchasing power, that loss to be assessed ex aequo et bono, and, on a provisional basis, at 1 % of the monthly salary of each applicant.

ex aequo et bono

| — | Order the European Central Bank to pay the costs. |
| --- | --- |

—

Order the European Central Bank to pay the costs.

---