ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 90/40

Action brought on 19 February 2009 — Peláez Jimeno v Parliament

(Case F-13/09)

2009/C 90/65

Language of the case: French

Parties

Applicant: Josefina Peláez Jimeno (Relegem — Asse, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision to classify the applicant, as a probationary official, at a grade and step lower than that which she occupied as a member of the temporary staff.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the appointing authority’s decision of 8 February 2008 by which the applicant was classified in the new ‘AST’ category, grade 1, step 5, as a probationary official, confirmed by the decision rejecting the complaint of the Secretary General of the European Parliament of 12 November 2008;
EN Official Journal of the European Union C 167/28

Action brought on 20 May 2009 — Lebedef v Commission

(Case F-54/09)

2009/C 167/56

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of several decisions concerning the deduction of 39 days of the applicant’s leave entitlement for 2008.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decisions of 12 February 2008, 1 April 2008, 10 April 2008, 20 May 2008 and 14 July 2008 concerning the deduction of 39 days of the applicant’s leave entitlement for 2008;
EN Official Journal of the European Union C 153/51

Action brought on 7 April 2009 — Časta v Commission

(Case F-40/09)

2009/C 153/99

Language of the case: Czech

Parties

Applicant: Radek Časta (Brussels, Belgium) (represented by: L. Tahotná, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

First, an application for annulment of EPSO’s decision not to admit the applicant to the oral tests in open competition EPSO/AD/107/07-LAW on account of the fact that the condition relating to 3 years’ experience in a senior management post was not met. Secondly, an application for an order that the defendant pay the applicant a sum in respect of the material and non-material harm suffered.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the appointing authority’s decision No R/45715/08 of 22 December 2008;

— Order the defendant to pay the applicant EUR 20 000, in respect of the material and non-material harm suffered, plus interest for late payment from 9 June 2008 until 15 days after the judgment has acquired the binding authority of a judgment which has become definitive;
EN Official Journal of the European Union C 205/48

Action brought on 11 May 2009 — Schopphoven v Commission

(Case F-48/09)

2009/C 205/88

Language of the case: French

Parties

Applicant: Nikolaus Schopphoven (Zemmer, Germany) (represented by: S. Rodrigues, C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of EPSO’s decision not to include the applicant on the reserve list for open competition EPSO/AD/117/08.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the European Personnel Selection Office (EPSO) not to include the applicant’s name on the reserve list for competition EPSO/AD/117/08 and, so far as necessary, EPSO’s decisions rejecting the requests for reexamination made by the applicant;

— annul the reserve list for competition EPSO/AD/117/08;
EN Official Journal of the European Union C 180/64

Action brought on 20 May 2009 — J v Commission

(Case F-53/09)

2009/C 180/119

Language of the case: French

Parties

Applicant: J (London, United Kingdom) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s claim that the disease from which she is suffering should be recognised as an occupational disease, and of the decision to charge her for the fees and costs of the doctor which she designated and 50 % of the fees and incidental costs of the third doctor on the medical committee.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Commission’s decision rejecting the applicant’s claim that the disease from which she is suffering and which prevents her from carrying out her duties should be recognised as an occupational disease within the meaning of Article 73 of the Staff Regulations;

— annul the Commission’s decision to charge her for the fees and costs of the doctor which she designated and for 50 % of the fees and incidental costs of the third doctor on the medical committee;

— order the Commission to pay the applicant a symbolic sum of EUR one to compensate for the non-material harm suffered;
—

annul the decision of 15 July 2009, transmitted to the applicant on 17 July 2009, rejecting his complaint concerning the reimbursement of 75 % of all the costs relating to a thermal cure pursuant to Article 73 of the Staff Regulations;
EN Official Journal of the European Union C 267/85

Action brought on 10 September 2009 — Gowitzke v Europol

(Case F-74/09)

2009/C 267/154

Language of the case: Dutch

Parties

Applicant: Werner Siegfried Gowitzke (The Hague, The Netherlands) (represented by: D.C. Coppens, lawyer)

Defendant: Europol

Subject-matter and description of the proceedings

Application for annulment of the decision of Europol of 5 June 2009 rejecting the applicant's claim to have his classification changed to grade 5, step 1

Form of order sought

— annul the decision of Europol rejecting the applicant's claim to have his classification changed to grade 5, step 1;
—

As the main claim, annulment of the part of the decision of 19 February 2009 establishing the final classification of the applicant, and an order against the defendant to pay damages of EUR 320 854 and interest by way of damages and for delay at the rate of 6.75 % in respect of the material and non-material damage suffered.
—

annul the decision of the European Parliament of 15 January 2009 declaring inadmissible a medical certificate certifying an incapacity to work and the resulting decision to deduct a day’s leave and, in so far as it is necessary, the confirmatory decision of 14 August 2009;
—

Annul the decision of the Office for the Administration and Payment of Individual Entitlements (PMO) refusing to grant an expatriation allowance, an installation allowance and reimbursement of travel expenses and the decision of the Authority authorised to conclude contracts rejecting the applicant's complaint;
—

Annul the decision of the Appointing Authority not to include the applicant in the list of persons promoted to grade AD 13 in the 2009 promotion procedure, as that decision can be determined from Staff Notice No 94/09 of 27 April 2009;
—

annul the decision adopted by the appointing authority on 5 March 2010 (and communicated by electronic mail of 8 March 2010), rejecting the complaint brought by the applicant, dated 9 December 2009, against two administrative decisions dated 7 September 2009 which, respectively, contain a definitive refusal to accept that the applicant suffers from any form of invalidity, under Article 73 of the Staff Regulations, and which furthermore require the applicant to pay half of the fees and expenses of the doctor who presided over the medical committee, amounting to EUR 500 (subsequently reduced to EUR 300), and to also pay all (then, subsequently, a quota of 60 %) of the fees and expenses of the doctor who represented him in connection with the proceedings of that medical committee;
EN Official Journal of the European Union C 179/59

Action brought on 14 May 2010 — Guittet v Commission

(Case F-31/10)

2010/C 179/105

Language of the case: French

Parties

Applicant: Christian Guittet (Cannes, France) (represented by: L. Levi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

First, annulment of the decision to close the oral procedure opened under Article 73 of the Staff Regulations, granting the applicant a rate of permanent invalidity of 64.5 %, and, secondly, an application for compensation for the material and non-material harm suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the appointing authority of 27 July 2009 closing the procedure opened under Article 73 of the Staff Regulations following the applicant’s accident of 8 December 2003;

— so far as necessary, annul the decision of 16 February 2010 rejecting the applicant’s complaint;

— as a result, conclude that the rate of permanent partial invalidity (PPI) be evaluated on the basis of the rules and the scale for evaluation in force at the date of the accident and until 1 January 2006, that the application brought by the applicant under Article 73 of the Staff Regulations be re-examined by a medical committee made up of an impartial, independent and neutral body which can work quickly, with complete independence and without bias;

— order the defendant to pay default interest on the capital due under Article 73 of the Staff Regulations at a rate of 12 % over a period which opened at the latest on 8 December 2004, until complete payment of the capital;

— order the defendant to pay damages, fixed on equitable principles at EUR 50 000, in respect of the non-material harm suffered as a result of the decision taken;

— order the defendant to pay damages, fixed at EUR 15 000, in respect of the material harm suffered as a result of the decision taken;
—

In the alternative, declare Article 8(4) of the general implementing provisions relating to Article 43 of the Staff Regulations unlawful, in so far as it allows the Joint Committee on Evaluation and Promotions to adopt an opinion by consensus;
EN Official Journal of the European Union C 246/42

Action brought on 1 July 2010 — Bermejo Garde v EESC

(Case F-51/10)

()

2010/C 246/74

Language of the case: French

Parties

Applicant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Economic and Social Committee

Subject-matter and description of the proceedings

First, annulment of the vacancy notice ESC No 43/09 seeking to fill the post of Director of the Directorate for General Affairs and of all decisions taken on the basis of that vacancy notice. Secondly, an order that the defendant pay the applicant a sum in respect of damages.

Form of order sought

The applicant claims that the Tribunal should:

— annul the vacancy notice of the ESC No 43/09 seeking to fill the post of Director of the Directorate for General Affairs;

— annul all decisions taken on the basis of the vacancy notice of the ESC No 43/09;

— order the defendant to pay EUR 1 000 in respect of damages;
—

Order the EIB to pay compensation for the non-material harm caused to the applicant by the above decision and in that regard award him the sum of EUR 25 000;
—

Annul the applicants’ RG 2009 pay slips (adjustment arrears from July to December 2009), their pay slips of January 2010 and their subsequent pay slips, since those pay slips apply an adjustment rate of 1,85 % instead of 3,70 %, on the basis of Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009, while preserving the effect of those pay slips until the adoption of fresh pay slips which apply correctly Articles 65 and 65a of the Staff Regulations and Articles 1 and 3 of Annex XI to the Staff Regulations (2010 version)
EN Official Journal of the European Union C 30/64

Action brought on 20 October 2010 — Stephan Jaeger v Eurofound

(Case F-103/10)

()

2011/C 30/126

Language of the case: French

Parties

Applicant: Stephan Jaeger (Dublin, Ireland) (represented by: A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Foundation for the Improvement of Living and Working Conditions (Eurofound)

Subject-matter and description of the proceedings

Annulment of the applicant’s salary adjustment slip for the period from July to December 2009 and the salary slips issued since 1 January 2010 within the framework of the annual adjustment of the remuneration and pensions of officials and other servants pursuant to Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Form of order sought

— Annul, where necessary, the decisions of Eurofound on the establishment of the applicant’s salary adjustment slips for the period from July to December 2009 and his salary slips issued since 1 January 2010;

— Order Eurofound to pay the applicant the arrears of remuneration, plus default interest;
—

Order the Commission to pay the difference between the amount of remuneration paid in application of Regulation No 1296/09 until the date of delivery of judgment in this case and the amount which should have been paid to them if the adjustment had been calculated correctly, together with interest at the rate set by the European Central Bank for main refinancing operations applicable in the periods concerned, plus 3,5 percentage points, for the period starting with the date on which sums principally claimed were due;
EN Official Journal of the European Union C 72/35

Action brought on 15 November 2010 — AR v Commission

(Case F-120/10)

2011/C 72/57

Language of the case: French

Parties

Applicant: AR (Brussels, Belgium) (represented by: S. Rodriguez, C. Bernard-Glanz and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of EPSO’s decision not to admit the applicant to the procedure for internal competition COM/INT/EU2/10/AD5 for administrators with Bulgarian or Romanian citizenship on account of the fact that the applicant failed the admission tests and of the decision on the complaint authorising the applicant to re-sit the admission tests for the competition in question.

Form of order sought

— Annul the decision of the European Personnel Selection Office (EPSO) of 31 March 2010 not to admit the applicant to internal competition COM/INT/EU2/10/AD5, so as to enable the applicant to sit the tests;

— annul the decision adopted on 3 August 2010 by the appointing authority in that it did not uphold in its entirety the applicant’s complaint;

— request the Commission, if necessary be means of a measure of inquiry or measure of organisation of procedure, to produce the list of questions asked and answers given at the tests held at 13.00 on 5 March 2010 in Brussels.
—

Compensate the applicants for their material loss, consisting of the difference between the salary increase of 2 % improperly awarded from January 2010 and the 2.1 % increase to which they should have been entitled, that is to say, a increase of 0.1 % per month from January 2010 in salary and in all other amounts derived from it (including pension rights). Interest must be paid on those amounts from the respective dates on which they became due until they are actually paid, the interest to be calculated on the basis of a rate two points above that applied by the European Central Bank to main refinancing operations during the period concerned.
EN Official Journal of the European Union C 95/14

Action brought on 7 February 2011 — Bojinova and Ghiba v Commission

(Case F-10/11)

2011/C 95/23

Language of the case: French

Parties

Applicants: Silvia Bojinova (Brussels, Belgium) and Dorina Maria Ghiba (Brussels, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions of the selection boards for competitions COM/INT/EU2/10/AD5 and COM/INT/EU2/AST3 to reject the applicants’ candidatures on the ground that they did not meet the eligibility requirements stipulated in the notices of competition.

Form of order sought

— Annul the decision of 11 May 2010 of the selection board rejecting Mrs Silvia Bojinova’s candidature for internal competition COM/INT/EU2/10/AD5 and the confirmatory decision of the appointing authority of 26 October 2010 rejecting the related complaint lodged on 16 August 2010:

— annul the decision of 10 Mau 2010 of the selection board rejecting Mrs Dorina Maria Ghiba’s candidature for internal competition COM/INT/EU2/AST3 and the confirmatory decision of the appointing authority of 26 October 2010 rejecting the related complaint lodged on 4 August 2010;
EN Official Journal of the European Union C 179/22

Action brought on 5 April 2011 — ZZ v Commission

(Case F-36/11)

2011/C 179/37

Language of the case: French

Parties

Applicant: ZZ (Etterbeck, Belgium) (represented by: T. Bontinck and S. Woog, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

First, annulment of the decision not to extend the applicant’s contract beyond its expiry date and, consequently, reinstatement of the applicant in his duties as from 1 November 2010. Second, an order that the Commission pay to the applicant a sum of EUR 10 000 in compensation for non-material damage suffered and to bear the financial costs incurred in the pre litigation procedure.

Form of order sought

— Annul the decision contained in the note of 30 August 2010 informing the applicant that his contract would not be extended beyond its expiry date;

— consequently, reinstate the applicant in his duties in the delegation to Albania as from 1 November 2010 and order the defendant to pay his remuneration retrospectively. Failing such reinstatement, order the defendant to pay unemployment allowances until the applicant is again in employment;

— withdraw the contested decision and any document linked to this procedure from the applicant’s personal file;

— order the Commission to pay to the applicant the sum of EUR 10 000 in compensation for the non-material damage suffered, subject to increase in the course of proceedings, and to bear the financial costs incurred in the pre-litigation procedure;
EN Official Journal of the European Union C 139/30

Action brought on 9 February 2011 — Vincent Bouillez and Others v Council

(Case F-11/11)

2011/C 139/56

Language of the case: French

Parties

Applicants: Vincent Bouillez (Overijse, Belgium) and Others (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 decision of the appointing authority not to promote the applicants to a higher grade for the promotions year 2010

Form of order sought

— Annul the Council’s decision of 3 November 2010 dismissing the applicants’ complaint;

— In so far as necessary, annul the decisions not to promote the applicants to a higher grade for the promotions year 2010;
—

Annul the decision of the European Parliament (Individual Entitlements Unit) of 28 May 2010 on the grant of the installation allowance to the applicant in so far as it fixes the installation allowance at only one month’s basic salary and does not grant an installation allowance of two months’ basic salary;
EN Official Journal of the European Union C 186/33

Action brought on 20 April 2011 — ZZ v Commission

(Case F-27/11)

2011/C 186/61

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi, M. Vandenbussche and C. Bernard-Glanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions of the defendant refusing to authorise medical benefits requested by the applicant for his son, his wife and himself.

Form of order sought

— Annul the contested decisions and, as necessary, the decision of the AECE rejecting the complaint;
—

Annulment of the Appointing Authority’s decision of 18 April 2011 to reject the applicant’s complaint against the decision not to promote him to Grade AST 7 in the 2007 promotion exercise;
EN Official Journal of the European Union C 252/56

Action brought on 9 May 2011 — ZZ v Commission

(Case F-55/11)

2011/C 252/125

Language of the cse: Greek

Parties

Applicant: ZZ (represented by: V. Christianos, lawyer)

Defendant: European Commission

Subject-matter and description of the dispute

Annulment of the Commission’s decision to reduce the education allowance paid to the applicant by reason of the fact that his son receives financial aid from a Member State in the form of a bursary and a loan.

Forms of order sought

— Annul the decision to reduce the ‘education allowance’ paid to the applicant;

— annul the decision concerning the retrospective retention of EUR 939,96, as shown by the applicant’s pay slip for October 2010;

— annul the decision concerning the retrospective retention of EUR 936,96, as shown by the applicant’s pay slip for November 2010;

— annul the Commission’s decision of 17 February 2011 expressly dismissing the complaint;

— repay to the applicant, with interest, the sums withheld from him;
—

As regards the first nine applicants, first, annulment of the decisions to deduct from the education allowances paid for their children under the Staff Regulations the amount of the grants for higher education paid to those children by the Centre de Documentation et d’Information sur l’Enseignement Supérieur du Grand Duché du Luxembourg (Centre for documentation and information on higher education of the Grand Duchy of Luxembourg ‘CEDIES’), and, second, annulment of the decisions sent to each of those applicants to recover the sums unduly paid corresponding to the allegedly undue amounts of the education allowances previously paid;
—

Annulment of the Commission’s decision not to promote the applicant to Grade AST 5 from 1 March 2009 in the 2009 promotion exercise;
—

order the Commission to take all consequent measures in order to put the applicant in a position similar to the one he would be in, had he been admitted to the competition;
EN Official Journal of the European Union C 6/26

Action brought on 24 October 2011 — ZZ and Others v Commission

(Case F-110/11)

2012/C 6/49

Language of the case: French

Parties

Applicant: ZZ and Others (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the pay slips of the applicants for December 2010 and their pay slips of the following months to the extent that they contain no correction of the adjustment of remunerations taking account of the correction coefficient for their place of employment.

Form of order sought

— Annul the pay slips of the applicants for December 2010 and their pay slips of the following months:
EN Official Journal of the European Union C 65/25

Action brought on 22 December 2011 — ZZ v Commission

(Case F-140/11)

2012/C 65/49

Language of the case: French

Parties

Applicant: ZZ (represented by: Ph.-E. Partsch, E. Raimond, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Director General of OLAF issuing a final invitation to the applicant to be heard in an internal enquiry and stating that a final report on the enquiry was to be adopted on the basis only of the information gathered and analysed unilaterally by OLAF if the applicant did not comply with that invitation and the letter rejecting the applicant’s claim

Form of order sought

— Annul the decision of 28 October 2011;

— Annul the decision of 2 December 2011 ruling on the claim of 21 November 2011;

— Award the applicant the sum of EUR 7 000 in respect of compensatory damages;
—

Annul the decision of 24 May 2011 annulling and replacing the proposal for transfer of the applicant’s pension rights in the context of her request under Article 11(2) of Annex VIII to the Staff Regulations, which contains a new proposal calculated on the basis of the GIP adopted on 3 March 2011;