# C_2018373EN.01001401.xml

| 15.10.2018 | EN | Official Journal of the European Union | C 373/14 |
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15.10.2018

EN

Official Journal of the European Union

C 373/14

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Action brought on 14 August 2018 — XB v ECB

(Case T-484/18)

(2018/C 373/15)

Language of the case: English

Parties

Applicant: XB (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Central Bank (ECB)

Form of order sought

| — | annul the decisions of 6 November 2017 and 4 December 2017 informing the applicant that he was not entitled to certain allowances (household allowance, child allowances, education allowances and pre-school allowance); |
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annul the decisions of 6 November 2017 and 4 December 2017 informing the applicant that he was not entitled to certain allowances (household allowance, child allowances, education allowances and pre-school allowance);

| — | accordingly, order the payment of the respective amounts from the requested dates onwards, increased by late interest (ECB rate + 2 points). It should be considered that corrective payments not related to the month during which they were paid should be subject to the tax to which they would have been subject had they been made at the proper time, in accordance with Regulation (EEC, EURATOM, ECSC) No 260/68; (1) |
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accordingly, order the payment of the respective amounts from the requested dates onwards, increased by late interest (ECB rate + 2 points). It should be considered that corrective payments not related to the month during which they were paid should be subject to the tax to which they would have been subject had they been made at the proper time, in accordance with Regulation (EEC, EURATOM, ECSC) No 260/68; (1)

| — | if need be, annul the decision of 5 June 2018 rejecting the applicant’s grievance procedure, lodged on 29 March 2018; |
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if need be, annul the decision of 5 June 2018 rejecting the applicant’s grievance procedure, lodged on 29 March 2018;

| — | if need be, annul the decisions of 2 February 2018 rejecting the applicant’s request for administrative review of 15 December 2017; |
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if need be, annul the decisions of 2 February 2018 rejecting the applicant’s request for administrative review of 15 December 2017;

| — | order the defendant to pay all the costs. |
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order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging that the ECB’s conditions of short-term employment and its rules for short-term employment are illegal (plea of illegality).






  — | The ECB’s conditions of short-term employment and its rules for short-term employment infringe, first, the rights of the child and the principles of family protection and non-discrimination laid down in the Charter of Fundamental Rights of the European Union, second, the principle of non-discrimination between temporary and permanent workers, and, third, the principle of non-discrimination and of equality of taxpayers. |
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1.

First plea in law, alleging that the ECB’s conditions of short-term employment and its rules for short-term employment are illegal (plea of illegality).

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The ECB’s conditions of short-term employment and its rules for short-term employment infringe, first, the rights of the child and the principles of family protection and non-discrimination laid down in the Charter of Fundamental Rights of the European Union, second, the principle of non-discrimination between temporary and permanent workers, and, third, the principle of non-discrimination and of equality of taxpayers.

| 2. | Second plea in law, alleging a violation of collective rights, as a result of lack of proper consultation of the ECB Staff Committee in the adoption of the ECB’s conditions and rules for short-term employment. |
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2.

Second plea in law, alleging a violation of collective rights, as a result of lack of proper consultation of the ECB Staff Committee in the adoption of the ECB’s conditions and rules for short-term employment.

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(1)  Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (OJ, English Special Edition 1968 (I), p. 37).

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