# C_2008183EN.01003303.xml

| 19.7.2008 | EN | Official Journal of the European Union | C 183/33 |
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19.7.2008

EN

Official Journal of the European Union

C 183/33

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Action brought on 19 May 2008 — Giannini v Commission

(Case F-49/08)

(2008/C 183/67)

Language of the case: French

Parties

Applicant: Massimo Giannini (Brussels, Belgium) (represented by: L. Levi and C. Ronzi, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Subject-matter and description of the proceedings

Application for, first, annulment of the decision dismissing the applicant and an order that the defendant pay all the pecuniary rights linked to the continuance of the contract, as well as annulment of a number of decisions refusing the applicant entitlement to pecuniary rights. Secondly, an application for compensation for the material and non-material harm suffered by the applicant.

Form of order sought

The applicant claims that the Tribunal should:

| — | Annul the decision dismissing the applicant, communicated on 10 July 2007; |
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Annul the decision dismissing the applicant, communicated on 10 July 2007;

| — | So far as necessary, annul the decision rejecting his complaint, notified on 5 February 2008; |
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So far as necessary, annul the decision rejecting his complaint, notified on 5 February 2008;

| — | Order the Commission to pay all the pecuniary rights linked to the continuance of the applicant's contract (inter alia, the basic salary, after deduction of the unemployment allowance paid, the allowances and reimbursements calculated over the duration of three years of the contract, and the travel expenses from the place of employment to the place of origin) plus default interest from the time when each of those rights became due until full payment, calculated at a rate three points above that set by the European Central Bank for its main refinancing operations, as applicable during the period in question; |
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Order the Commission to pay all the pecuniary rights linked to the continuance of the applicant's contract (inter alia, the basic salary, after deduction of the unemployment allowance paid, the allowances and reimbursements calculated over the duration of three years of the contract, and the travel expenses from the place of employment to the place of origin) plus default interest from the time when each of those rights became due until full payment, calculated at a rate three points above that set by the European Central Bank for its main refinancing operations, as applicable during the period in question;

inter alia

| — | In any event, annul the decisions of 27 July 2007 and of 20 September 2007 to withhold EUR 5 218,22 from the applicant's remuneration for August 2007, corresponding to part of the travel expenses from the applicant's place of employment to his place of origin and, consequently, the reimbursement of that sum of EUR 5 218,22 plus default interest from 15 August 2007 until full payment, calculated at a rate three points above that set by the European Central Bank for its main refinancing operations, as applicable during the period in question; |
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In any event, annul the decisions of 27 July 2007 and of 20 September 2007 to withhold EUR 5 218,22 from the applicant's remuneration for August 2007, corresponding to part of the travel expenses from the applicant's place of employment to his place of origin and, consequently, the reimbursement of that sum of EUR 5 218,22 plus default interest from 15 August 2007 until full payment, calculated at a rate three points above that set by the European Central Bank for its main refinancing operations, as applicable during the period in question;

| — | In any event, annul the decision of 28 August 2007 to limit the installation allowance to one third of the sum received in November 2006 and to recover the other two thirds, that is EUR 4 278,50, from the remuneration of February 2006 and, consequently, order the reimbursement of that sum of EUR 4 278,50 plus default interest from 15 February 2008, until full payment, calculated at a rate three points above that set by the European Central Bank for its main refinancing operations, as applicable during the period in question; |
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In any event, annul the decision of 28 August 2007 to limit the installation allowance to one third of the sum received in November 2006 and to recover the other two thirds, that is EUR 4 278,50, from the remuneration of February 2006 and, consequently, order the reimbursement of that sum of EUR 4 278,50 plus default interest from 15 February 2008, until full payment, calculated at a rate three points above that set by the European Central Bank for its main refinancing operations, as applicable during the period in question;

| — | Allocate damages and interest to compensate for the material and non-material harm suffered, provisionally valued at EUR 200 000; |
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Allocate damages and interest to compensate for the material and non-material harm suffered, provisionally valued at EUR 200 000;

| — | Order the Commission of the European Communities to pay the costs. |
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Order the Commission of the European Communities to pay the costs.

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