# C_2006048EN.01003802.xml

| 25.2.2006 | EN | Official Journal of the European Union | C 48/38 |
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25.2.2006

EN

Official Journal of the European Union

C 48/38

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Action brought on 5 December 2005 — Cerafogli and Poloni v ECB

(Case T-431/05)

(2006/C 48/75)

Language of the case: French

Parties

Applicants: Maria Concetta Cerafogli (Frankfurt am Main, Germany) and Paolo Poloni (Frankfurt am Main, Germany) (represented by G. Vandersanden and L. Levi, lawyers)

Applicants:

Defendant: European Central Bank

Defendant:

Form of order sought

The applicants claim that the Court should:

| — | annul the applicants' pay slips of February 2005 as replaced in May 2005 and the defendant's letter of 15 February 2005; |
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annul the applicants' pay slips of February 2005 as replaced in May 2005 and the defendant's letter of 15 February 2005;

| — | to the extent necessary, annul the decisions rejecting the applications for an administrative review (decisions of 17 May 2005) and grievances under the grievance procedure (decisions of 26 September 2005); |
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to the extent necessary, annul the decisions rejecting the applications for an administrative review (decisions of 17 May 2005) and grievances under the grievance procedure (decisions of 26 September 2005);

| — | order the defendant to pay compensation for the damage suffered by the applicants, consisting in the payment of EUR 5 000 to each applicant in respect of loss of purchasing power since 1 July 2001, arrears of remuneration corresponding to an increase in salary and all the applicants' associated rights of 0.3 % from 1 July 2001 and 0.6 % from 1 July 2003, and interest on the said arrears from the respective due dates until the date of payment. The interest rate must be the rate fixed by the European Central Bank for principal refinancing operations applicable for the period in question, increased by two points; |
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order the defendant to pay compensation for the damage suffered by the applicants, consisting in the payment of EUR 5 000 to each applicant in respect of loss of purchasing power since 1 July 2001, arrears of remuneration corresponding to an increase in salary and all the applicants' associated rights of 0.3 % from 1 July 2001 and 0.6 % from 1 July 2003, and interest on the said arrears from the respective due dates until the date of payment. The interest rate must be the rate fixed by the European Central Bank for principal refinancing operations applicable for the period in question, increased by two points;

| — | order the defendant to pay the entirety of the costs. |
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order the defendant to pay the entirety of the costs.

Pleas in law and main arguments

In Case T-63/02, brought by the same applicants, staff of the European Central Bank (ECB), the Court of First Instance annulled the decisions contained in the salary statements sent on 13 July 2001 to the applicants, for July 2001, as the ECB did not consult the Staff Committee at the time of the adoption of the salary adjustment for 2001. In consequence of that judgment, the ECB consulted the Staff Committee concerning the salary adjustments for the period 2001-2003, and a salary increase for all staff from 1 July 2004. Moreover, it produced, in February 2005, new pay slips for the applicants replacing those of July 2001, which were annulled by the Court of First Instance.

The applicants claim first of all that, by refusing to apply to them retrospectively from July 2001 the correction linked to the salary adjustment for 2001, the ECB infringed Article 233 EC, and the principle of res judicata with regard to the judgment given on 20 November 2003 in Case T-63/02.

Moreover, they claim the infringement of Articles 45 and 46 of the Conditions of Employment for Staff of the ECB, of the Memorandum of Understanding on relations between the ECB's managing bodies and the Staff Committee, of the principles of good administration and non-discrimination and of the obligation of good faith.

Finally, the applicants claim compensation for the damage allegedly caused by the ECB's conduct.

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