ddrg/super_eurlex huggingface dataset:
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Pay compensation for the applicant’s material loss evaluated, for the period from December 2003 to December 2011, at EUR 749 449,03, plus pensions funds, and for the subsequent period until the legal retirement age, at the monthly net payment amounts corresponding to the salaries fixed for officials in function group AD from grade AD 9 step 2, second year, taking account of the normal career of an official of that grade, supplemented by the corresponding contributions to the sickness fund. All to be increased by late-payment interest at the rate of the European Central Bank plus two points;
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Order the EIB to pay compensation for physical, material and non-material damage caused to the applicant as a result of the unlawfulness of the administrative errors on the part of the EIB, together with default interest: — for infringement by the EIB of its duty to have due regard for the welfare of officials and its duty of protection, EUR 114 100; — for infringement of Article 42 of the Staff Regulations, EUR 10 000;
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consequently, order the applicant to be reinstated immediately to the position previously held and the management allowance to be paid with retroactive effect to 1 June 2010;
EN Official Journal of the European Union C 138/37

Action brought on 19th March 2012 — ZZ v FRA

(Case F-38/12)

2012/C 138/88

Language of the case: English

Parties

Applicant: ZZ (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights

Subject-matter and description of the proceedings

The annulment of the decision not to renew the Appellant's contract and of the decision to transfer the Appellant to another department and the compensation of both moral and material prejudices.

Form of order sought

— The annulment of the decision not to renew the Applicant's contract;

— the annulment of the decision to transfer the Applicant's to another department;

— the compensation of the Applicant's material prejudice estimated at 1 320 Euro par month from September 2012, to which be added late interest at the key rate of the European Central Bank plus two percentage points;

— the compensation of the Applicant's moral prejudice estimated at 50 000 Euros;
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annul the defendant’s decision of 30 November 2011 determining the amount of transferable capital in respect of pension rights acquired by the applicant at NATO, and the calculation of the number of years of pensionable service recognised for the purposes of that transfer into the pension scheme of the institutions of the European Union;
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in so far as necessary, declare that, by failing to adopt, even in part, the measures necessary to comply with the judgment of the Civil Service Tribunal of 4 November 2008 in Case F-41/06 Marcuccio v Commission, within a reasonable time of that judgment’s delivery, the Commission has acted unlawfully;
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Annul the Commission’s decision of 18 November 2011 in so far as it limits the extension period of the applicant’s contract as a member of the temporary staff to 31 March 2012;
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Annulment of the implicit decision to reject the complaint of 18 January 2012 and of the decision of the competition jury of 10 May 2012, because they infringe the principles of equal treatment and equal opportunities, and the removal of the legal consequences of the contested decisions.
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Annul the Commission decision of 11 July 2012 which refused to grant the applicant the expatriation allowance in Italy;
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Indicate to the defendant the effects of that annulment, namely the applicant’s re-grading in grade D 4, step 8, with effect from 1 May 2004, a reconstitution of his career in accordance with the promotions and increases in step which he has had since then and payment of any arrears of remuneration;
EN Official Journal of the European Union C 26/75

Action brought on 14 November 2012 — ZZ v Commission

(Case F-137/12)

2013/C 26/156

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Pappas, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of EPSO not to include the applicant in the list of persons who have passed the tests at the end of the training programme which is part of the certification procedure and a claim for damages.

Form of order sought

— Declare the action admissible and well-founded;

— annul the contested measure;

— order the Commission to pay the applicant EUR 10 000 as compensation for the damage suffered;
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annul the decision of the appointing authority of 9 December 2011 in so far as it seeks, pursuant to the second subparagraph of Article 85(2) of the Staff Regulations, to recover the full amount wrongly received since September 1999 and not only the amount wrongly received during the past five years on the ground that the appointing authority found that the applicant had deliberately misled the administration;
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Annul the decision of 20 September 2012 by the authority empowered to conclude contracts, rejecting the complaint of 21 May 2012 seeking withdrawal of the decision of 21 February 2012 to reinstate the applicant on 24 January 2012 following sick leave.
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order the defendant to pay to the applicant the second half of the resettlement allowance in the amount of a further month’s basic salary, together with full travel expenses to his place of origin, on account of the termination of the applicant’s service, in respect of the applicant, his wife and his severely disabled son who lives with the applicant;
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Annul the decision taken by the Head of Unit within the Directorate-General for Human Resources and Security, concerning the ‘claim under Article 90(1) of the Staff Regulations — 0/867/11 — seeking compensation for the difficulties encountered when taking up residence in Antananarivo’, under which that claim is rejected on the ground that ‘the conditions required for such compensation for the non-pecuniary and psychological damage’ were not met since it is apparent from the facts that ‘the Delegation did all it could to resolve the problems encountered, by having additional work done in the initial accommodation and by suggesting to you, during that work, possible alternative accommodation’;
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insofar as it is necessary, annul the decision of the appointing authority of the European Commission of 29 October 2012, rejecting the complaint lodged by the applicant on 6 July 2012 under Article 90(2) of the Staff Regulations;
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order the defendant to pay the difference in remuneration resulting from the aforementioned decisions of the EIB’s Board of Directors of 18 December 2012 and of the EIB’s Management Committee of 29 January 2013 in relation to the application of the merit grid ‘4-3-2-1-0’ and the ‘young’ grid ‘5-4-3-1-0’ or, in the alternative, in respect of applicants awarded a grade A, in relation to the application of the merit grid 3-2-1-0-0 and, in respect of applicants covered by the ‘young’ grid, in relation to a young grid ‘4-3-2-0-0’; with interest on arrears to be added to that difference in remuneration with effect from 12 April 2013 and then on the 12th day of every month until full payment, the rate of interest being the ECB rate, increased by three percentage points;
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order the defendant to pay to each applicant, as compensation for material harm (i) the balance of salary corresponding to application of the annual adjustment for 2013, that is an increase of 1.8 %, for the period from 1 January 2013 to 31 December 2013; (ii) the balance of salary corresponding to the results of application of the annual adjustment of 1.8 % for 2013 on the amount of salaries to be paid from January 2014; (iii) default interest on the balance of salaries payable until full payment of the sums payable, the applicable default interest rates to be calculated on the basis of the rate set by the European Central Bank for its principal refinancing operations applicable over the period concerned, increased by three points and (iv) damages due to the loss of purchasing power, that entire material harm being estimated, provisionally, in respect of each applicant, at EUR 30 000;
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annul the decision to transfer the applicant’s pension rights acquired before his entry into service into the pension scheme applicable to staff of the European institutions in accordance with the calculations for the transfer drawn up pursuant to the GIP of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
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annul the decision of the Secretary General of the EESC of 3 October 2012 in so far as it rejects the applicant’s request of 5 June 2012 seeking to obtain appropriate and reasonable compensation for the non-material harm suffered by him, adverse effect on his reputation and on his health and adverse effect on his career, confirmed, following the applicant’s complaint of 24 October 2012, by the decision of 22 February 2013;
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Annul the decision of ENISA rejecting the applicant’s claim, and the other contested decisions, namely the decision of ENISA of 4 September 2012 dismissing the applicant and the decision of ENISA of 9 October 2012 appointing Mr X. to the post of accountant in the applicant’s place;
EN Official Journal of the European Union C 274/33

Action brought on 17th July 2013 — ZZ v ECB

(Case F-73/13)

2013/C 274/55

Language of the case: English

Parties

Applicant: ZZ (represented by: L. Levi, Lawyer)

Defendant: European Central Bank

Subject-matter and description of the proceedings

The annulment of the ECB’s decision of 28 May 2013 imposing a disciplinary dismissal to the Applicant and the compensation of the moral prejudice he suffered.

Form of order sought

— Annul the decision of the European Central Bank dated 28 May 2013 imposing the disciplinary dismissal with effect from 31 August 2013;

— as a consequence, fully reinstate the Applicant with the appropriate publicity in order to restore his good name;

— in any case, compensate the moral prejudice suffered by the Applicant evaluated ex aequo et bono at 20 000,00 EUR;
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Annul the decision of the Office for Administration and Payment of Individual Entitlements (PMO.1), notified on 28 November 2012, rejecting the applicant’s request of 20 July 2012 to treat his mother as a dependent child pursuant to Article 2(4) of Annex VII to the Staff Regulations, for the period from 1 November 2012 to 31 October 2013;
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annul the measure, whatever the form in which it was adopted, rejecting the complaint against the decision rejecting the request of 9 March 2012, sent by the applicant to the Commission on 26 September 2012 and duly received by the Commission;
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order the defendant to pay to the applicant a quarter of the medical expenses incurred in connection with the deterioration of her state of health, as compensation for the material damage suffered, together with interest at the legal rate until payment in full has been made;
EN Official Journal of the European Union C 31/22

Action brought on 12 November 2013 — ZZ v EMCDDA

(Case F-79/13)

2014/C 31/38

Language of the case: English

Parties

Applicant: ZZ (represented by: L. Levi et M. Vandenbussche, lawyers)

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Subject-matter and description of the proceedings

The annulment of the decision rejecting the applicant’s request in order to state that a moral harassment was held by the superior and of the decision not renew the applicant’s contract and, as a consequence, the conduct of a new impartial investigation plus the compensation of the material and moral prejudices.

Form of order sought

— Annul the Director’s decision of 11th September 2012 rejecting the Applicant’s request;

— annul the decision not to renew the Applicant’s contract dated 14th September 2012;

— annul the Chairman of the Management Board’s decision of 13th May 2013 and the Director’s decision of 25th June 2013, rejecting the Applicant’s complaint;

— as a consequence, to conduct a new regular, unbiased and impartial investigation;

— compensate the material prejudice suffered by the Applicant estimated at 430 202 euros;

— compensate the moral prejudice suffered by the Applicant estimated at 120 000 euros;
EN Official Journal of the European Union C 85/27

Action brought on 10th January 2014 — ZZ v European Aviation Safety Agency (EASA)

(Case F-3/14)

2014/C 85/46

Language of the case: English

Parties

Applicant: ZZ (represented by: M. T. Bontinck, Ms A. Guillerme, lawyers)

Defendant: European Aviation Safety Agency (EASA)

Subject-matter and description of the proceedings

The annulment of EASA’s decision to renew the contract of the applicant for only one year instead of five years, in violation of article 39 of Regulation (EC) 216/2008/CE.

Form of order sought

— Annul the decision dated March 12th, 2013 of the Management Board to extend his contract for only one year;

— and therefore, annul the amendment no 2 to his contract of employment which renew the contract for a one year period;
EN Official Journal of the European Union C 184/47

Action brought on 20 April 2014 — ZZ v Parliament

(Case F-37/14)

2014/C 184/79

Language of the case: French

Parties

Applicant: ZZ (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision of the Parliament not to allow him to carry over 16 days leave not taken in 2012 to 2013 after the applicant had been on long-term sick leave as a result of a serious illness.

Form of order sought

— annul the decision refusing to carry over the applicant’s leave, beyond the limit of 12 days, from 2012 to 2013;

— in so far as necessary, annul the decision of 21 January 2014 of the Secretary General of the European Parliament rejecting the applicant’s complaint of 4 October 2013;
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Annul the decision of 24 May 2013 to credit the pension rights acquired by the applicant prior to his entry into service, as part of the transfer of those pension rights into the Pension Scheme of the European Institutions (‘PSEUI’) by application of the general implementing provisions (‘GIPs’) of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011.
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Annul the decision of 4 October 2013 to increase the pension rights acquired by the applicant before her entry into service, on transfer of those rights to the pension scheme of the EU institutions, by application of the GIPs of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 235/35

Action brought on 22 May 2014 — ZZ v Commission

(Case F-48/14)

2014/C 235/47

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment, firstly, of the decision of 14 February 2014 by which the selection board in selection procedure EU Careers EPSO/AD/177/10-AUDIT2013-Administrators-AD 5 confirmed, after re-examination, the initial decision of the selection board of 3 October 2013 not to admit the applicant to the assessment centre stage of the competition and, secondly, insofar as necessary, of the initial decision of the selection board of 3 October 2013.

Form of order sought

— Annul the decisions of the competition selection board of 14 February 2014 and 3 October 2013 pursuant to which her application to competition EPSO/AD/177/10-AUDIT2013-Administrators-AD 5 was rejected;

— Make any other appropriate orders in that regard;

— Order the Commission to pay an amount of EUR 5 000, or any other amount, even greater, to be determined by the Civil Service Tribunal ex aequo et bono, in compensation for the vexatious nature of the treatment of her application;
EN Official Journal of the European Union C 421/59

Action brought on 17 June 2014 — ZZ v Commission

(Case F-55/14)

2014/C 421/85

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to renew the applicant’s contract, which should have been for an indefinite period.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 31 October 2013 not to renew the applicant’s contract as a member of the contract staff, which contract should have been for an indefinite period;

— annul the decision of the AECE of 6 March 2014 rejecting the applicant’s complaint of 15 November 2013, in that it took account of additional factors not contained in the contested decision of 31 October 2013;

— award the applicant damages to the sum of EUR 20 000;
EN Official Journal of the European Union C 388/31

Action brought on 7 August 2014 — ZZ v Parliament

(Case F-79/14)

2014/C 388/40

Language of the case: French

Parties

Applicant: ZZ (represented by: A. Lamamra and K. Evora, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision to withdraw the benefit of the household allowance, with retroactive effect, after the applicant’s transfer to another institution and to limit the amount of the installation allowance to one month instead of two.

Form of order sought

— Annul the decision of the European Parliament of 5 December 2013;

— Annul the decision of the European Parliament of 8 May 2014, rejecting his claim;
EN Official Journal of the European Union C 7/60

Action brought on 31 October 2014 — ZZ v Commission

(Case F-127/14)

(2015/C 007/78)

Language of the case: French

Parties

Applicant: ZZ (represented by: A. Salerno, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application to annul the Commission’s decision refusing to re-calculate the bonus on the application’s pension rights acquired in the European Union pension scheme pursuant to the new general implementing provisions for Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Commission’s decision of 27 January 2014 rejecting the applicant’s request, made on 6 January 2014, for re-calculation of the years of pensionable service credited following the transfer of his pension rights from the German pension system to the Community pension scheme;
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annul, pursuant to Article 270 TFEU, the decision contained in Staff Note (‘SN’) 13/14 (Decision No 2/2014) of 9 January 2014, which amended the regime applicable to travelling time, following the applicability from 1 January 2014 of the provision in Article 7 of Annex V to the Staff Regulations, and Staff Note (‘SN’) 9/14 (Decision No 12/2014), which amended the travel expenses regime following the applicability from 1 January 2014 of the provision in Article 8 of Annex VII to the Staff Regulations, amended by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, published in the Official Journal No L 187 of 29 October 2013. The application for annulment is limited to the part of the SN which links entitlement to travel expenses and to travelling time to the expatriation or foreign residence allowance and to Article 6 of the SN 9/14 which introduced new criteria for the determination of the place of origin;
Official Journal of the European Union

Action brought on 17 November 2014 — ZZ v Commission

(Case F-133/14)

(2015/C 016/74)

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis, R. Metz and D. Verbeke, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision relating to the transfer of the applicant’s pension rights to the European Union pension scheme, that decision applying the new GIP for Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Commission’s decision of 18 February 2014 fixing the calculation of the bonus applied to his pension rights acquired before he took up his functions at the Commission;
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Annul OHIM’s decision, of which the applicant was informed by OHIM’s letter of 28 November 2003, to apply to competitions OHIM/AD/01/13 and OHIM/AST/02/13, the notices for which were published on 31 October 2013, the clause contained in Article 5 of the applicant’s contract of employment, which provides for the termination of the applicant’s contract of employment in the event that she is not included in the reserve list of the next open competition organised by EPSO for her function group with the specialisation ‘industrial property’;
EN Official Journal of the European Union C 81/30

Action brought on 24 December 2014 — ZZ v Eurojust

(Case F-142/14)

(2015/C 081/38)

Language of the case: English

Parties

Applicant: ZZ (represented by: Ekkehard H. Schulze, Rechtsanwalt)

Defendant: Eurojust

Subject-matter and description of the proceedings

Annulment of the decision not to admit the applicant to the second phase of the selection procedure, in the context of his candidature for the post of Advisor to the Office of the President of Eurojust.

Form of order sought

— annul the decisions of 8 August 2014 and 25 September 2014;

— order the defendant to admit the applicant to participate further in the selection process; and
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order the defendant to pay compensation for the material damage consisting of the difference of salary between that received by the applicant at grade AD 6 since 16 September 2013 and the salary at grade AD 8, together with default interest calculated at the rate of two points above the European Central Bank rate;
EN Official Journal of the European Union C 65/55

Action brought on 22 December 2014 — ZZ v Commission

(Case F-140/14)

(2015/C 065/74)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Commission refusing to re-establish the career of the applicant by re-grading her, with effect from 1 March 2005, in a higher function group, and claim for compensation for the material and non-material harm allegedly suffered.

Form of order sought

— Annul the decision of the Authority Empowered to Conclude Contracts of Employment (AECE) dated 17 September 2014, sent by a note of 18 September 2014 and received by the applicant on 19 September 2014;

— Order payment of compensation for the harm suffered by the applicant assessed ex aequo et bono in the amount of EUR 30 000;