# C_2016419EN.01005301.xml

| 14.11.2016 | EN | Official Journal of the European Union | C 419/53 |
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14.11.2016

EN

Official Journal of the European Union

C 419/53

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Action brought on 22 September 2016 — Seigneur v ECB

(Case T-674/16)

(2016/C 419/70)

Language of the case: French

Parties

Parties

Applicant: Olivier Seigneur (Frankfurt am Main, Germany) (represented by: M. Vandenbussche and L. Levi, lawyers)

Applicant:

Defendant: European Central Bank

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare the application admissible and well founded; |
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declare the application admissible and well founded;

accordingly:

| — | annul the decision of the Chief Service Officer (CSO), adopted on 29 February 2016 under the authority of the management board and notified to staff on 11 March 2016, to exclude the applicant from the additional salary increase (ASI) exercise for the year 2016; |
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annul the decision of the Chief Service Officer (CSO), adopted on 29 February 2016 under the authority of the management board and notified to staff on 11 March 2016, to exclude the applicant from the additional salary increase (ASI) exercise for the year 2016;

| — | annul the decision rejecting the special appeal dated 5 July 2016 and received on 13 July 2016; |
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annul the decision rejecting the special appeal dated 5 July 2016 and received on 13 July 2016;

| — | order the payment of compensation for the non-material damage sustained by the applicant consisting in the loss of a chance of obtaining an ASI in 2016 evaluated at EUR 52 920; |
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order the payment of compensation for the non-material damage sustained by the applicant consisting in the loss of a chance of obtaining an ASI in 2016 evaluated at EUR 52 920;

| — | order the payment of compensation for non-material damage assessed on an ex aequo et bono basis at EUR 15 000; |
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order the payment of compensation for non-material damage assessed on an ex aequo et bono basis at EUR 15 000;

| — | 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

Pleas in law and main arguments

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

| 1. | First plea in law, alleging infringement of the principle of non-discrimination, Articles 12 and 21 of the Charter of Fundamental Rights and Article 51 of the conditions of employment of ECB staff, the right to career and promotion prospects as well as the principle of legal certainty. |
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1.

First plea in law, alleging infringement of the principle of non-discrimination, Articles 12 and 21 of the Charter of Fundamental Rights and Article 51 of the conditions of employment of ECB staff, the right to career and promotion prospects as well as the principle of legal certainty.

| 2. | Second plea in law, alleging the inability of the Chief Services Officer to decide not to follow the procedure set out in Circular No 1/2011 of 14 February 2011 concerning additional salary increases in respect of the applicant. |
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2.

Second plea in law, alleging the inability of the Chief Services Officer to decide not to follow the procedure set out in Circular No 1/2011 of 14 February 2011 concerning additional salary increases in respect of the applicant.

| 3. | Third plea in law, alleging lack of consultation of the Staff Committee. |
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3.

Third plea in law, alleging lack of consultation of the Staff Committee.

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