# C_2016305EN.01004601.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/46 |
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22.8.2016

EN

Official Journal of the European Union

C 305/46

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Appeal brought on 22 June 2016 by Richard Zink against the judgment of the Civil Service Tribunal of 11 April 2016 in Case F-77/15, Zink v Commission

(Case T-338/16 P)

(2016/C 305/62)

Language of the case: French

Parties

Parties

Appellant: Richard Zink (Bamako, Mali) (represented by N. de Montigny and J.-N. Louis, lawyers)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought by the appellant

Form of order sought by the appellant

The appellant claims that the Court should:

| — | annul the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 11 April 2016 in Case F-77/15 (Zink v Commission); |
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annul the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 11 April 2016 in Case F-77/15 (Zink v Commission);

| — | annul the decision of the Office for Administration and Payment of Individual Entitlements (PMO) to limit the payment of the expatriation allowance, which had been wrongly omitted since 1 September 2007, to a period of five years; |
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annul the decision of the Office for Administration and Payment of Individual Entitlements (PMO) to limit the payment of the expatriation allowance, which had been wrongly omitted since 1 September 2007, to a period of five years;

| — | order the Commission to pay to the applicant the expatriation allowances that he has been entitled to since 1 September 2007 plus default interest calculated at the rate laid down by the European Central Bank for its main refinancing operations, increased by two percentage points on the sums already paid to the applicant by way of arrears of remuneration (expatriation allowance) and on those sums still due, from their respective due date until full payment, subject to the deduction of the sums already paid; |
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order the Commission to pay to the applicant the expatriation allowances that he has been entitled to since 1 September 2007 plus default interest calculated at the rate laid down by the European Central Bank for its main refinancing operations, increased by two percentage points on the sums already paid to the applicant by way of arrears of remuneration (expatriation allowance) and on those sums still due, from their respective due date until full payment, subject to the deduction of the sums already paid;

| — | order the European Commission to pay the costs of the two instances. |
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order the European Commission to pay the costs of the two instances.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the appeal, the appellant relies on four pleas in law.

| 1. | First plea in law, alleging an infringement of Article 62 of the Statute. |
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1.

First plea in law, alleging an infringement of Article 62 of the Statute.

| 2. | Second plea in law, alleging an infringement of the principle of the legality of acts of the Commission. |
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2.

Second plea in law, alleging an infringement of the principle of the legality of acts of the Commission.

| 3. | Third plea in law, alleging a breach of the limitation to five years of the arrears. |
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3.

Third plea in law, alleging a breach of the limitation to five years of the arrears.

| 4. | Fourth plea in law, alleging an infringement of the obligation to state reasons. |
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4.

Fourth plea in law, alleging an infringement of the obligation to state reasons.

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