ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 134/55

Action brought on 10 March 2010 — M. Almeida Campos and Others v Council

(Case F-16/10)

2010/C 134/92

Language of the case: French

Parties

Applicants: M. Almeida Campos and Others (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decisions not to promote the applicants to grade AD 12 in the 2009 promotion procedure and, in so far as necessary, of the decisions to promote to that grade in the same promotion procedure the officials whose names appear in the lists of persons promoted published in CP no 97/09 of 27 April 2009 and CP no 93/09 of 13 May 2009.

Form of order sought

— Annul the decisions not to promote the applicants to grade AD 12 in the 2009 promotion procedure;

— in so far as necessary, annul the decisions to promote to grade AD 12 in the 2009 promotion procedure the officials whose names appear in the lists of persons promoted published in CP no 97/09 of 27 April 2009 and CP no 93/09 of 13 May 2009;
EN Official Journal of the European Union C 100/69

Action brought on 19 January 2010 — Garcia Lledo and Others v OHIM

(Case F-7/10)

2010/C 100/101

Language of the case: French

Parties

Applicants: Inès Garcia Lledo (Alicante, Spain) and Others (represented by: S. Orlandi, A. Coolen, H.-N. Louis and E. Marchal, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Subject-matter and description of the proceedings

The annulment of the decisions of the President of OHIM to terminate the applicants’ employment as members of the temporary staff because they are not successful candidates in an open competition.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decisions of the President of OHIM of 12 March 2009 to terminate applicants’ employment as members of the temporary staff;
EN Official Journal of the European Union C 209/55

Action brought on 3 June 2010 — Skareby v Commission

(Case F-42/10)

()

2010/C 209/89

Language of the case: English

Parties

Applicant: Carina Skareby (Leuven, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: European Commission

The subject matter and description of the proceedings

The annulment of the decision of the Decision of the Commission rejecting the applicant’s claim that she was subjected to and experienced psychological harassment during the years she spent at the Regionalised Delegation of the Commission in Kyrgyzstan.

Form of order sought

The applicant claim that the Court should:

— Ask the Commission to produce the report of IDOC, with supporting evidence;

— annul the decision of the Commission of 23 July 2009 and, so far as necessary, the decision rejecting the complaint;
EN Official Journal of the European Union C 179/58

Action brought on 5 May 2010 — Begue and Others v Commission

(Case F-27/10)

2010/C 179/101

Language of the case: French

Parties

Applicants: Christian Begue (Marcy, France) and Others (represented by: A. Woimant, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision refusing the applicants payment with retroactive effect of the allowance for standby duty referred to in Article 56b of the Staff Regulations.

Form of order sought

The applicants claim that the Tribunal should:

— Annul the decision (No R/467/09) of the authority authorised to conclude contracts rejecting the applicants ‘complaints’ against the rejection of 3 September 2009 concerning the application for payment with retroactive effect of the allowance for standby duty referred to in Article 56b of the Staff Regulations of Officials;
EN Official Journal of the European Union C 260/27

Action brought on 1 July 2010 — De Roos-Le Large v Commission

(Case F-50/10)

()

2010/C 260/36

Language of the case: Dutch

Parties

Applicant: Simone Thérèse De Roos-Le Large ('s Hertogenbosch, Netherlands) (represented by: E. Lutjens and M.H. van Loon, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision ordering the applicant to repay the amount of the survivor’s pension overpaid to her late mother

Form of order sought

— Annul, pursuant to Article 264 TFEU, the Commission’s decision of 12 May 2010;
—

Annul, in so far as necessary, the express decision of 29 March 2010 rejecting the complaint submitted by the applicant on 28 December 2009;
—

annul the Commission's decision rejecting the applicant's claim for the setting aside of the third sentence of Article 1(3) of the Commission's decision of 22 October 2008 concerning the introduction of an indemnity in favour of officials who changed category before 1 May 2004; reclassify the applicant with retrospective effect from 1 May 2004, in Grade D*4/8; reconstitute the applicant's career in accordance with the promotions, annual adaptations and advances in step affecting him since that time; and, in so far as necessary, annul the decision rejecting the complaint;
EN Official Journal of the European Union C 301/64

Action brought on 10 September 2010 — Scheefer v Parliament

(Case F-75/10)

()

2010/C 301/103

Language of the case: French

Parties

Applicant: Séverine Scheefer (Luxembourg, Luxembourg) (represented by: C. L’Hote-Tissier, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the defendant’s decisions refusing to issue a reasoned decision in relation to the applicant’s legal status and in particular refusing to reclassify the applicant’s temporary staff contract as engagement for an indefinite period in accordance with the first paragraph of Article 8 of the Conditions of Employment of Other Servants of the European Communities (CEOS) and compensation for the harm suffered by the applicant.

Form of order sought

The applicant claims that the Tribunal should:

— stay proceedings pending the outcome of Case F-105/09 which is currently before the European Union Civil Service Tribunal;

— otherwise, annul the decisions of 11 February 2010 and 10 June 2010 whereby the Parliament refused, by referring merely to its letter of 12 October 2009, to issue a reasoned decision in relation to the applicant’s legal status and in particular refusing notwithstanding two successive renewals to reclassify the applicant’s temporary staff contract as a contract for an indefinite period;

— annul the Parliament’s decision of 12 February 2009;

— annul the Parliament’s decision of 12 October 2009;

— annul the legal classification of the initial contract and its expiry date set for 31 March 2009;

— consequently, reclassify the applicant’s engagement as engagement for an indefinite period;

— award compensation for the harm suffered by the applicant because of the Parliament’s conduct;

— alternatively, and in the improbable event that the Tribunal were to conclude that notwithstanding the creation of an engagement for an indefinite period, the employment relationship had ended — which is not accepted — award damages for the wrongful termination of the contractual relationship;

— further in the alternative, and in the improbable event that the Tribunal were to conclude that no reclassification was possible — which is not accepted — award damages for the harm suffered by the applicant because of the wrongful conduct of the European Parliament;

— reserve to the applicant all other rights, remedies, pleas and actions, and in particular an order that the European Parliament pay damages corresponding to the extent of the harm suffered;
EN Official Journal of the European Union C 30/66

Action brought on 12 November 2010 — Van Soest v Commission

(Case F-117/10)

()

2011/C 30/131

Language of the case: French

Parties

Applicant: Barry Van Soest (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission's decision terminating the procedure to recruit the applicant, who was successful in a competition and was included on the reserve list, because he did not hold a secondary education diploma giving access to post-secondary education.

Form of order sought

— Annul decision HRB.2/TV/iu (2010) 6293;

— annul decision HRD.2/AL/db Ares(2010) 511204 rejecting the applicant's complaint against that decision;
—

Order the Commission to pay to the applicant, firstly, the sum of EUR 53 000 for the loss of the chance of promotion to grade A5 in promotion year 2003, in addition to the regularisation of his pension rights by payment of the corresponding contributions; secondly, the sum of EUR 400 per month (corresponding to 70 % of the difference between the invalidity allowance which she receives and that which she would have received had she been promoted in 2003); and, thirdly, the sum of EUR 35 000 for the non-material damage suffered as a result of the maintenance of her irregular administrative situation despite, inter alia, the judgments of 20 April 2005 and 6 October 2009 of the General Court and of 13 December 2007 of the European Union Civil Service Tribunal;
EN Official Journal of the European Union C 63/35

Action brought on 30 December 2010 — Mora Carrasco and Others v Parliament

(Case F-128/10)

2011/C 63/64

Language of the case: French

Parties

Applicants: Aurora Mora Carrasco and Others (Luxembourg, Luxembourg) (represented by S. Orlandi, A. Coolen, J.-N. Louis, and E. Marchal, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decisions not to promote the applicants in the 2009 promotion exercise.

Form of order sought

— Annul the decisions not to promote the applicants in the 2009 promotion exercise;
—

order the EIB to make good the non-material damage caused to the applicant by the abovementioned decision and award him damages of EUR 25,000 to that end.
—

Order the defendant to pay, by way of compensation for material and non-material damage and the adverse effect on the applicant's career, the sum of EUR 25 000, subject to increase or decrease in the course of the proceedings, plus interest at the rate of 7 % per annum as from 28 June 2010, the date of the complaint;
EN Official Journal of the European Union C 173/16

Action brought on 14 March 2011 — ZZ v Council

(Case F-28/11)

2011/C 173/34

Language of the case: English

Parties

Applicant: ZZ (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union

The subject matter and description of the proceedings

The annulment of the decision whereby the Appointing Authority of the Council refused to promote him to grade AD 12 under the 2010 promotion exercise, contained in Staff Note 80/10 of 26 April 2010.

Form of order sought

The applicant claims that the Court should:

— Ask the Council to provide the reports on the former A officials promoted to the grade AD 12 that were considered under the 2010 promotion exercise, as well as the statistics on the average analytical assessment by first reporting officers that were submitted to the AD ‘Administrators’ Advisory Committee on Promotion;

— annul the contested decision and, in so far as necessary, the decision rejecting the complaint;
—

Annul the decision adopted by the appointing authority on 29 October 2010 by which it rejected a complaint brought by the applicant on 6 July 2010 against an implicit decision deemed to have been adopted on 15 April 2010 which rejected a request submitted by the applicant on 15 December 2009 with a view to resuming his professional activities as well as for full payment of his remuneration as an official, calculated from 1 August 2003, and for damages, all of those amounts to bear default interest at 7 % per annum from 1 August 2003;
—

Annul the decisions of the European Investment Bank as set out in the applicants’ salary slips for February 2011, which increase the applicants’ contribution to the pensions system, by increasing the basis for calculation (the salary subject to deduction) of that contribution, on the one hand, and of the calculation coefficient, expressed as a percentage of that salary subject to deduction, on the other.
—

in so far as is necessary, declare that Dr M., while an official of the European Commission: (a) asked Dr. U. to inform her whether the applicant ‘is currently receiving psychopharmacological treatment (neuroleptics, antidepressants) and if so what kind, or what other type of therapy he is receiving’; (b) informed Dr. U. that ‘in accordance with the provisions of the Staff Regulations, applicable to all officials of the European Commission, Mr [ZZ] has been officially resident in Brussels from 1 April 2002 and no longer in Angola, as decided by [his] superiors. and officially notified to his patient’;
EN Official Journal of the European Union C 282/52

Action brought on 15 July 2011 — ZZ v Commission

(Case F-68/11)

2011/C 282/98

Language of the case: English

Parties

Applicant: ZZ (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision of the Commission terminating the applicant's contract of employment of indefinite duration.

Form of order sought

The applicant claims that the European Union Civil Service Tribunal should:

— Annul the decision of the Authority Authorised to Conclude Contracts of the Commission (hereinafter, the AACC) of 30 September 2010, terminating her contract of employment of indefinite duration;

— together with, and so far as necessary: annul the decision of the AACC of 14 April 2011, rejecting the complaint lodged on 23 December 2010 pursuant to Article 90(2) of the Staff Regulations of Officials of the European Union;
EN Official Journal of the European Union C 252/57

Action brought on 24 June 2011 — ZZ v European Commission

(Case F-64/11)

2011/C 252/126

Language of the case: English

Parties

Applicant: ZZ (represented by: S. Crosby and S. Santoro, lawyers)

Defendant: European Commission

The subject matter and description of the proceedings

The annulment of the decision of the defendant to revoke unilaterally the offer of employment made to the applicant, despite the fact that the applicant had already accepted the offer.

Form of order sought

— Annul the Decision of 4 March 2011 whereby the European Commission rejected the internal complaint lodged by the Applicant against the Commission decision HR B2 (2010) 662634 of 5 October 2010;

— pay a compensation for the damages suffered by the Applicant, including salaries and benefits foregone;
EN Official Journal of the European Union C 347/45

Action brought on 16 September 2011 — ZZ v Commission

(Case F-88/11)

2011/C 347/84

Language of the case: English

Parties

Applicant: ZZ (represented by: R. Rata, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Selection Board's decision not to include the applicant on the reserve list for the open competition EPSO/AD/148/09-RO — Administrators-Law (AD 5).

Form of order sought

The applicant claims that the Tribunal should:

— Annul the re-evaluation decision of the Selection Board of 9 November 2010 upholding its decision of 14 July 2010 not to include the applicant on the reserve list for the open competition EPSO/AD/148/09-RO;

— annul the decision of the European Commission of 16 June 2011 rejecting the applicant's administrative complaint of 7 February 2011;

— amend the reserve list for the open competition EPSO/AD/148/09-RO — Administrators-Law, so as to include the applicant's name or alternatively order the publication of a new reserve list including the applicant's name;

— order the compensation of the moral prejudice suffered by the applicant preliminarily evaluated ex aequo et bono at EUR 7000;
—

In the alternative, if the principal application is not granted, quod non, pay the applicant an amount to be fixed provisionally and ex aequo et bono at EUR 2 000 by way of compensation for material damage suffered, with interest for delayed payment at the legal rate from the date of delivery of the judgment in the present case;
—

order the Commission to transfer to the applicant the daily pecuniary allowances under Article 10 of Annex VII to the Staff Regulations of Officials of the European Union, which were due to the applicant: (i) in relation to the decision of 18 March 2002, issued by the Commission, concerning the transfer of the applicant and of his post from the Commission’s Delegation in Luanda (Angola) to its central headquarters in Brussels, a judgment having been handed down in relation to that decision on 14 September 2011 in Case T-236/02 Marcuccio v Commission; and (ii) as from 1 April 2002, the day on which the decision of 18 March 2002 took effect, and for the subsequent 120 calendar days;
—

Annul the salary statement for February 2011 and the salary statements for the following months in that those statements apply a correction coefficient of 92.3 on the basis of Council Regulation (EC) No 1239/2010 of 20 December 2010, while preserving the effect of those statements until the adoption of fresh statements applying a lawful correction coefficient;
EN Official Journal of the European Union C 65/21

Action brought on 28 November 2011 — ZZ v Commission

(Case F-125/11)

2012/C 65/38

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Rodrigues and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to admit the applicant to the assessment tests in competition EPSO/AST/111/10

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the decision refusing the applicant the right to participate in the assessment tests in competition EPSO/AST/111/10 — Secretaries grade AST 1;

— reintegrate the applicant into the recruitment process in that competition, if necessary, by organising new assessment tests;

— in any event, request EPSO to take note of the information at its disposal regarding the results obtained by all of the candidates in tests (d) and (e);

— in the alternative, if the main claim is not upheld, quod non, to pay the provisional sum, ex aequo et bono, of EUR 50 000;
—

confirm in each case as fact that agents or delegates of the Commission, or delegates of agents of the Commission, acted as follows on 14 March 2002, on 16 March 2002 and on 19 March 2002, against the wishes of the applicant that none of the following should take place at any time whatsoever, and without the applicant being informed, even briefly, and indeed without the applicant being aware that any of the following occurred: (i) they entered treacherously, on a number of occasions, the official lodgings assigned to the applicant earlier by the Commission and located in Luanda (Angola), in the Bairro Azul area, at 101-103 Rua Americo Julio de Carvalho, either by breaking and entering or by means of keys either retained unlawfully or in some way unlawfully used; and (ii) took photographs inside the aforementioned lodgings;
—

Order the Defendant to pay of damages for the moral prejudice caused from 2008 until 2011 by the irregularities mentioned above. Damages are to be calculated on a monthly basis as the salary difference between the Applicant and the Local Agent for the entire 2008-2011 period -the reasoning being that the Delegation (a) had willingly assigned to the Applicant identical tasks as given to the Local Agent despite of very different Job Descriptions, (b) had done its utmost to keep the Applicant from performing tasks/undertaking the correct position according to the Job Description, (c) constantly denied that Applicant's post involved deputing to the Head of the FCA.
EN Official Journal of the European Union C 65/28

Action brought on 4 January 2012 — ZZ v Commission

(Case F-4/12)

2012/C 65/55

Language of the case: Italian

Parties

Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s implied decision refusing the applicant’s request to forward to him all the access codes to the Commission’s Internet site, which are accessible to all Commission officials, following the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 annulling the Commission’s decision to retire him on grounds of invalidity.

Form of order sought

— Annul the decision sent by the appointing authority rejecting the claim set out in the request of 20 October 2010;

— in so far as is necessary, annul the decision rejecting the complaint of 24 May 2011 sent by the applicant to the Commission against the decision rejecting the request of 20 October 2010;

— in so far as is necessary, declare that there is no legal basis for Note Ares(2011) 217354 as registered on 28 February 2011;
—

In so far as necessary, confirm that the procedure instigated following the application for recognition of the applicant’s right, under Article 72 of the Staff Regulations, to 100 % reimbursement of the medical expenses incurred by him continued for more than five years;
—

By way of principal claim: — Annul the decision fixing the applicant’s main place of residence in Luxembourg, and the decision of 28 June 2011 modifying the applicant’s pension entitlements by withdrawing the correction coefficient for France as from 1 January 2010; — Order the Parliament to repay the sums unduly paid; — Order the Parliament to pay the resulting arrears of pension with default interest calculated from the date the arrears fell due at the rate fixed by the European Central Bank for principal refinancing operations applicable during the period concerned, plus two points;
EN Official Journal of the European Union C 311/16

Action brought on 20 June 2012 — ZZ v EIB

(Case F-63/12)

2012/C 311/21

Language of the case: Italian

Parties

Applicant: ZZ (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

The annulment of the letters by which the defendant is refusing to reimburse, following the judgment of the General Court of the European Union setting aside in part the judgment of the Civil Service Tribunal, the EUR 6 000 which the applicant paid to the defendant in respect of recoverable costs in consequence of the judgment of the Civil Service Tribunal ruling on costs.

Form of order sought

The applicant claims that the Tribunal should:

— annul the letters of 4 and 25 May 2012, in so far as the EIB is refusing to reimburse the applicant the sum of EUR 6 000 which it had demanded in respect of costs in a previous case before the Civil Service Tribunal;

— order the EIB to reimburse without delay that sum plus interest and compensation for currency fluctuations from the date of the payment by the applicant until the date of actual reimbursement;

— order the defendant to pay compensation for the harm suffered by the applicant;
—

Annul the decision taken by the EPSO selection board refusing the applicant admission to the second stage of open competition EPSO/AST/117/11 — Assistants in the secretarial field (AST 1) on the ground of the alleged failure to meet the admission requirements laid down in section III of Notice of open competition EPSO/AST/117/11 and, in particular, because he does not have a level of post-secondary education in the secretarial field attested by a diploma or, alternatively, a level of secondary education attested by a diploma giving access to post-secondary education followed by professional experience in the secretarial field of at least three years, the tasks in which are directly linked to the secretarial function as described in Title 1 of the competition notice;
—

Annul the decision of 17 October 2011 denying the applicant direct access to the final report of the findings of the Invalidity Committee and access to the diagnosis of the third doctor;