# C_2005296EN.01003201.xml

| 26.11.2005 | EN | Official Journal of the European Union | C 296/32 |
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26.11.2005

EN

Official Journal of the European Union

C 296/32

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Action brought on 19 September 2005 — Zelenkovà/Parliament

(Case T-356/05)

(2005/C 296/68)

Language of the case: English

Parties

Applicant(s): Martina Zelenkovà (Brussels, Belgium) [represented by: G. Vandersanden, L. Levi, C. Ronzi, lawyers]

Applicant(s):

Defendant(s): European Parliament

Defendant(s):

Form of order sought

| — | Give the applicant the benefit of her conclusions i.e. the cancellation of the grading given in the 16 November 2004 recruitment decision of the Appointing Authority (the Parliament) which was to take effect on 1 December 2004 to grade the applicant at category A*, grade 5, step 2, implying the reinstatement of all the applicant's rights as deriving from a legal and regular employment, i.e. a legal and regular grading as of 1 December 2004, which means a former LA8 grading or its equivalent according to Articles 1-11 of Annex XIII of the Staff Regulation (A*7, with the relevant step according to the rules in force before 1 May 2004); |
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Give the applicant the benefit of her conclusions i.e. the cancellation of the grading given in the 16 November 2004 recruitment decision of the Appointing Authority (the Parliament) which was to take effect on 1 December 2004 to grade the applicant at category A*, grade 5, step 2, implying the reinstatement of all the applicant's rights as deriving from a legal and regular employment, i.e. a legal and regular grading as of 1 December 2004, which means a former LA8 grading or its equivalent according to Articles 1-11 of Annex XIII of the Staff Regulation (A*7, with the relevant step according to the rules in force before 1 May 2004);

| — | the award (i) of damages with ‘intérêts de retard’, as compensation for the prejudice to the applicant's career, and (ii) other damages in form of a legal and regular pay, notably the application of the transitional provision contained in Article 21 of Annex XIII of the Staff Regulation in force as of 1 May 2004 or, alternatively, the lowering of contributions to the pension scheme based on the principle of equal pay. These rights will have to be duly evaluated at a later stage and are now evaluated, provisionally and ex aequo et bono, at a minimum of EUR 5 000 per year; |
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the award (i) of damages with ‘intérêts de retard’, as compensation for the prejudice to the applicant's career, and (ii) other damages in form of a legal and regular pay, notably the application of the transitional provision contained in Article 21 of Annex XIII of the Staff Regulation in force as of 1 May 2004 or, alternatively, the lowering of contributions to the pension scheme based on the principle of equal pay. These rights will have to be duly evaluated at a later stage and are now evaluated, provisionally and ex aequo et bono, at a minimum of EUR 5 000 per year;

‘intérêts de retard’

ex aequo et bono

| — | order that the European Parliament shall pay all costs. |
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order that the European Parliament shall pay all costs.

Pleas in law and main arguments

The applicant, an official appointed after the entry into force of the new Staff Regulations on 1 May 2004, but from a reserve list drawn up on the basis of a competition organised before that date, contests her appointment grade, fixed by the Parliament in accordance with the new regulations at A*5. She invokes the same pleas and arguments invoked by the applicants in Case T-58/05 (1).

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(1)  OJ C 93, 16/04/05, p. 38

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