# C_2009180EN.01006502.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/65 |
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1.8.2009

EN

Official Journal of the European Union

C 180/65

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Action brought on 10 June 2009 — Pascual García v Commission

(Case F-58/09)

2009/C 180/122

Language of the case: Italian

Parties

Parties

Applicant: Pascual García (Madrid, Spain) (represented by: B. Cortese and C. Cortese, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision to recruit the applicant as a technical assistant, with effect from 10 March 2009, with the classification AST3/Grade 2, in so far as it fails to confer on him the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission [2008] ECR-SC I-A-0000 and II-0000.

Pascual García

Commission

Form of order sought

Form of order sought

| — | Annul the Commission’s decision to recruit the applicant as a technical assistant, with effect from 10 March 2009, with the classification AST3/Grade 2, in so far as it fails to confer on him the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission, and in particular:






  (a) | in so far as it fails to provide that the applicant’s qualifying period of service is to be calculated from 1 April 2006 for the purposes of advancement within the classification and the calculation of pension rights and all other relevant purposes; |
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Annul the Commission’s decision to recruit the applicant as a technical assistant, with effect from 10 March 2009, with the classification AST3/Grade 2, in so far as it fails to confer on him the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission, and in particular:

Pascual García

Commission

(a)

in so far as it fails to provide that the applicant’s qualifying period of service is to be calculated from 1 April 2006 for the purposes of advancement within the classification and the calculation of pension rights and all other relevant purposes;

| (b) | in so far as it denies the applicant’s right to the expatriation allowance in Article 4(1) of Annex VII to the Staff Regulations; |
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(b)

in so far as it denies the applicant’s right to the expatriation allowance in Article 4(1) of Annex VII to the Staff Regulations;

| — | annul, in so far as necessary, the decision of 10 March 2009 to reject the applicant’s complaint of the same date seeking to secure the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission, including the emoluments and various allowances that have not been paid, together with default interest; |
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annul, in so far as necessary, the decision of 10 March 2009 to reject the applicant’s complaint of the same date seeking to secure the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission, including the emoluments and various allowances that have not been paid, together with default interest;

Pascual García

Commission

| — | in the alternative, order the Commission to pay compensation for damages corresponding to the non-recognition of the expatriation allowance; |
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in the alternative, order the Commission to pay compensation for damages corresponding to the non-recognition of the expatriation allowance;

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

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