ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/66

Action brought on 22 September 2009 — Schlienger v Commission

(Case F-79/09)

2009/C 282/126

Language of the case: French

Parties

Applicant: Marc Schlienger (Muchamiel, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for (i) annulment of the decision of the appointing authority of 15 December 2008, received on 16 January 2009, rejecting the applicants’ request for recognition of the ailment suffered by him as an occupational disease within the meaning of Article 73 of the Staff Regulations and (ii) so far as necessary annulment of the decision of 11 June 2009 rejecting the applicant’s complaint.

Application for EUR 12 000 in damages as compensation for the non-material damage suffered.

Form of order sought

— Annul the decision of the appointing authority of 15 December 2008, received on 16 January 2009, rejecting the applicants’ request for recognition of the ailment suffered by him as an occupational disease within the meaning of Article 73 of the Staff Regulations;

— So far as necessary, annul the decision of 11 June 2009 rejecting the complaint;

— order the defendant to pay the sum of EUR 12 000 in compensation for non-material damage;
—

annul the Council’s decisions of 8 October and 8 December 2008 refusing the applications for special leave made by the applicant because of the very serious illness of his parents;
—

annul the decision of 15 April 2009 by which the defendant informed the applicant that it is not required to guarantee a net income of 90 % of the last gross basic salary of the member of staff and that it does not have an obligation to make good the financial loss in so far as the taxation by the Netherlands tax authorities is maintained;
—

Annul the medical opinion of physical unfitness of 18 December 2008 issued by the medical officer of the Parliament since that medical officer concluded that the applicant was physically unfit without even having carried out a clinical examination of the applicant and relying solely on the decision of unfitness for employment taken by the medical officer of the European Commission in 2006 which was then improperly confirmed by a medical committee, further to the application for the annulment of that Commission decision by the applicant — those decisions being challenged before the Civil Service Tribunal in the pending Case F-33/08;
—

Consequently, order the defendant to pay the difference between the salary and pension resulting from the decision of the Governing Council of 4 May 2009 and that paid in application of the preceding pension scheme, that difference to be increased by interest for late payment with effect from 15 June 2009 and then on the 15th nof each month until the difference has been completely made up, the rate of interest being the ECB rate, increased by three points;
The Tribunal should set aside or declare invalid the cancellation clause in Article 5 of the applicant's employment contract with OHIM, and in the alternative,

declare that the applicant's contract of employment cannot in future be terminated on the basis of the cancellation clause in her employment contract;

in the further alternative, declare that, in any event, the selection procedures referred to in the letter from OHIM of 12 March 2009 were not capable of entailing negative consequences on the basis of the cancellation clause.
—

The annulment of the decision of the European Central Bank dated 24 November 2009 rejecting the claims of the Appellant of discrimination and attempts to her dignity because of the behaviour of her management and, if necessary, the annulment of the decision dated 24 March 2010 rejecting the special appeal;
—

Order the Commission to make reparation for the material and non-material damage unjustly suffered by the applicant as a result of the fact that the note of 4 December 2006 was prepared and sent to the lawyer who represented him in Case T-241/03 by paying to the applicant the sum of EUR 10 000, or such other sum as the General Court may consider just and equitable.
—

Annul the list of officials promoted under the 2009 promotion procedure adopted by the Appointing Authority on 13 November 2009 in so far as that list does not contain the applicant’s name and, incidentally, the formal measures leading to that decision;
EN Official Journal of the European Union C 221/60

Action brought on 11 June 2010 — Kaser/Commission

(Case F-45/10)

()

2010/C 221/96

Language of the case: English

Parties

Applicant: Ferdinand Kaser (Brussels, Belgium) (represented by: M. Schober, lawyer)

Defendant: European Commission

The subject matter and description of the proceedings

First, annulment of the Decision of the European Commission CMS 07/046 removing applicant from his post, without reduction of the pension rights, witch took effect on 15 August 2009 and the annulment of all decisions taken against the applicant in the period between September 2003 until the removing from the post and, second, a claim for damages.

Form of order sought

The applicant claim that the Court should:

— Annul the Decision CMS 07/046 due to harassment, mismanagement and the abuse of the fundamental right to be heard;

— annul all decisions taken by the Appointing Authority against the applicant between the period September 2003 until the removing from the post due to harassment and mismanagement due to the abuse of the right of the applicant to be heard;

— enable a hearing of the applicant according to Article 7(1) and Article 24 of the Staff Regulations, and to refer to the submitted requests in February 2008 and March 2008;
—

award the applicants default interest, calculated in accordance with the rate fixed by the European Central Bank, payable in respect of all sums corresponding to the difference between the salary mentioned in pay slips from January 2010 and those for pay adjustments for the period from July 2009 to December 2009 and the salary to which they would have been entitled until the date on which the belated settlement of those salaries took place;
—

annul the appointing authority decision No R-98/10 of 12 May 2010, and in so far as necessary, the career development report for the period from 1 January to 31 December 2008;
—

order the Commission to compensate the applicant for the financial loss he suffered by the payment of a sum to the amount equivalent to the loss of earnings resulting from the application of the manifestly illegal Regulation No 1296/2009, plus the repayment of the part of the special levy applied monthly since January 2010 in accordance with Article 66 of the Staff Regulations, the rate of which was erroneously fixed taking account of that regulation: that amount is estimated, without prejudice to the interpretation of the Tribunal, at between EUR 40 000 and EUR 50 000, excluding default interest which was also applied for by the applicant;
—

Annul the decision of the European Commission of 8 April 2010 to refuse [the applicant a severance grant] and the decision rejecting the appeal of 30 July 2010, Appeal R/351/10 and order the Commission to pay him a severance grant in respect of his service from 1 March 2009 to 28 February 2010, equal to the actuarial value of his pension rights acquired during service in the Commission;
—

Indicate to the appointing authority the effects of the annulment of the contested decisions, in particular, classification in grade AST6, and that the promotion to grade AST6 must be backdated to the date on which it should have taken effect, namely 1 January 2009;
—

Annul the decision of the PMO of Luxembourg, not notified to the applicants, by which certain financial assistance from the Luxembourg State, granted by CEDIES to students in higher education in Luxembourg or abroad, is henceforth to be considered to be an allowance of the same nature as those paid under Articles l, 2 and 3 of Annex VII of the Staff Regulations and, under Article 67(2), is to be deducted from the education allowance granted to officials who are parents of those students;
—

annulment, primarily, of the decision not to renew the contract as a member of the contract staff, implied by the memorandum of 28 April 2010 and, where necessary, of the decision of ARCC rejecting the claim;
EN Official Journal of the European Union C 152/33

Action brought on 2 February 2011 — AX v ECB

(Case F-7/11)

2011/C 152/58

Language of the case: English

Parties

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

Defendant: European Central Bank

Subject-matter and description of the proceedings

The annulment of the ECB's decision suspending the applicant with effect from 5 August 2010 and the claim for damages.

Form of order sought

The applicant claims that the Court should:

— Annul the decision of the ECB dated 4 August 2010 suspending the applicant with effect from 5 August 2010;

— as a consequence, order the full reinstatement of the Appellant in his function with the appropriate publicity in order to restore his good name;

— in any case, order the compensation of the moral prejudice suffered by the Appellant evaluated ex aequo et bono at 20 000,00 EUR;
—

As a consequence of that annulment, undertake a fresh comparative examination of the merits of the applicant and of the other candidates for the 2010 promotion procedure and promote the applicant as a supernumerary to grade AST 9 with retroactive effect to 1 January 2010, with payment of interest on the arrears of remuneration at the rate fixed by the European Central Bank for main re-financing operations, with effect from 1 January 2010, increased by two percentage points, without, however, calling into question the promotion of the other officials promoted;
—

Order the Commission to pay compensation of EUR 10 000, subject to increase in the course of proceedings, for the non-material damage suffered by the applicant, and to reimburse the costs incurred in the pre-litigation procedure;
—

Order the Commission to pay that allowance with effect from 16 August 2010, the date of the applicant’s entry into service, together with compensatory interest, in respect of each monthly salary, until actual payment.
EN Official Journal of the European Union C 282/51

Action brought on 19 July 2011 — ZZ v Commission

(Case F-41/11)

2011/C 282/96

Language of the case: French

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Director-General of OLAF to reject the applicant’s request for the extension of the applicant’s contract as a member of the temporary staff within the meaning of Article 2(c) of the Conditions of Employment.

Form of order sought by the applicant

— Annul the decision of the Director-General of OLAF of 11 February 2011 to reject the applicant’s request for the extension of the applicant’s contract as a member of the temporary staff within the meaning of Article 2(c) of the Conditions of Employment;
EN Official Journal of the European Union C 6/27

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

(Case F-111/11)

2012/C 6/50

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: S. Orlandi, A. Coolen, J.-N Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the applicants’ salary statements for February 2011 and the salary statements for the following months applying the new correction coefficient for the town of Varese in accordance with Council Regulation (EC) No 1239/2010 of 20 December 2010.

Form of order sought

— Annul the decisions establishing the applicants’ salary statements on the basis of the correction coefficient for the town of Varese set out in Council Regulation (EC) No 1239/2010 of 20 December 2010 applicable with effect from 1 July 2010;

— Annul the decision of the appointing authority of 12 July 2011 rejecting the applicants’ complaints concerning the correction coefficient applied to Varese;
EN Official Journal of the European Union C 347/45

Action brought on 13 September 2011 — ZZ v FRONTEX

(Case F-87/11)

2011/C 347/83

Language of the case: English

Parties

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

Defendant: European Agency for the Management of Operational Cooperation at the External Borders (FRONTEX)

Subject-matter and description of the proceedings

The annulment of the decision not to renew the temporary agent contract of the applicant.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 16 December 2010 of the Executive Director of FRONTEX;
—

Annul the decision rejecting the applicant's candidature for the post of director of Directorate A ‘Civil Justice’ of the Directorate-General for Justice (‘DG JUST/A’) and the decision to appoint another person to that post;
Official Journal of the European Union

Action brought on 18 October 2011 — ZZ v ECB

(Case F-106/11)

(2012/C 25/131)

Language of the case: English

Parties

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

Defendant: European Central Bank

Subject-matter and description of the proceedings

The annulment of the decision of the Deputy Director General of the Directorate General Human Resources, Budget and Organisation imposing on the Appellant a written reprimand as disciplinary measure.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of the Deputy Director General of DG-H of 15 April 2011, imposing on the Appellant a written reprimand as disciplinary measure and, if necessary, of the decision of 4 August 2011 rejecting the special appeal;

— order the compensation of the Appellant's moral prejudice evaluated at EUR 10 000;
—

Annul (i) the e-mail message dated 4 July 2011 by which ‘the secretariat’ of the Adjudication Panel under Article 22 of the Staff Regulations and the Note to StaffHR/P&O/2011-079/Ks of 25 March 2010 informed the applicant that he had never handed over to the ‘Panel’ a copy of his appeal against the staff appraisal for 2010, (ii) the e-mail message of 12 August 2011 by which the ‘secretariat’ informed the applicant that the Adjudication Panel intended to hear the parties solely on the question of admissibility of the appeal and (iii) the decision of 27 September 2011 by which the ‘Panel’ took note of the applicant’s discontinuance of his appeal;
—

Annul the decision of 15 June 2011 annulling and replacing the proposal for transfer of the applicant’s pension rights in the context of his request under Article 11(2) of Annex VIII to the Staff Regulations, which comprises a new proposal calculated on the basis of the GIP adopted on 3 March 2011;
EN Official Journal of the European Union C 184/25

Action brought on 26 March 2012 — ZZ v Commission

(Case F-42/12)

2012/C 184/54

Language of the case: French

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the proposal to transfer pension rights acquired before entry into service with the Commission on the basis of the calculation taking into account the new GIP entering into force after the application for transfer by the applicant.

Form of order sought

— Annul the decision of 14 December 2011 rejecting the applicant’s complaint and requiring the application of the GIP and the actuarial rates in force when she applied to transfer her pension rights;

— If necessary, annul the PMO proposal of 1 August 2011 applying the actuarial values resulting from the new GIP;
—

Order the Commission to pay the sum of EUR 50 000 by way of compensation for the non-material damage caused to the applicant;
EN Official Journal of the European Union C 138/36

Action brought on 5 March 2012 — ZZ v Commission

(Case F-30/12)

2012/C 138/85

Language of the case: French

Parties

Applicant: ZZ (represented by: C. Mourato, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the selection board of open competition EPSO/AD/204/10 not to admit the applicant to the next stage of the competition.

Form of order sought

— Annul the decision of the selection board of open competition EPSO/AD/204/10 of 13 April 2011 concerning the applicant;
EN Official Journal of the European Union C 133/30

Action brought on 16th January 2012 — ZZ v European Network and Information Security Agency (ENISA)

(Case F-7/12)

2012/C 133/59

Language of the case: English

Parties

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

Defendant: European Network and Information Security Agency (ENISA)

Subject-matter and description of the proceedings

The annulment of the 2009 career report, the list of reclassification of the civil servants for 2010 and, if necessary, the annulment of the decision rejecting his demand on 17 October 2011.

Form of order sought

— The annulment of the Applicant’s 2009 career development report;

— the annulment of the 16 November 2010 decision fixing the list of staff reclassified in the reclassification exercise 2010;

— if necessary, the annulment of the decision of 17 October 2011 rejecting the Applicant’s complaint dated 16 June 2011;
—

as a consequence of the annulment, order the defendant to undertake a further examination of the appraisal report of the Applicant, awarding the necessary points for promoting her to AST2 with retroactive effect from 01.01.2011;
EN Official Journal of the European Union C 138/35

Action brought on 20 February 2012 — ZZ and Others v Commission

(Case F-23/12)

2012/C 138/82

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: C. Mourato, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for the annulment of the decision of the Selection Board in Open Competition EPSO/AD/204/10 refusing to admit the applicants to the next stage of the competition.

Form of order sought

— Order the defendant to produce all the reports of the meetings of the EPSO Heads of Unit and all the minutes of the Selection Board’s meetings in relation to competition EPSO/AD/204/10;

— annul the decisions of 13 April 2011 of the Selection Board in competition EPSO/AD/204/10;
EN Official Journal of the European Union C 319/18

Action brought on 26 July 2012 — ZZ v Commission

(Case F-79/12)

2012/C 319/33

Language of the case: Dutch

Parties

Applicant: ZZ (represented by: J. Duvekot, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decisions to dismiss the applicant from his functions and to reduce the amount of his pension following disciplinary proceedings brought finding an infringement of Article 11 of the Staff Regulations

Form of order sought

— Annul the decisions of 29 September 2011;
EN Official Journal of the European Union C 319/17

Action brought on 3 July 2012 — ZZ v Europol

(Case F-69/12)

2012/C 319/30

Language of the case: Dutch

Parties

Applicant: ZZ (represented by: N.D. Dane, lawyer)

Defendant: Europol

Subject-matter and description of the proceedings

Annulment of the defendant’s implicit decision rejecting the applicant’s claim and his complaint seeking payment of the sums agreed in the amicable out-of-court settlement entered into by the parties in the context of earlier proceedings before the Court.

Form of order sought

— Annul the implicit decision to reject the claim of 26 May 2011 and annul the implicit decision to reject the complaint of 9 December 2011 against the implicit decision rejecting the aforementioned claim;
EN Official Journal of the European Union C 26/70

Action brought on 27 September 2012 — ZZ v Europol

(Case F-103/12)

2013/C 26/141

Language of the case: Dutch

Parties

Applicant: ZZ (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-37/09 Doyle v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to her by the decision annulled by that judgment

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 28 November 2011 by which the defendant awards the applicant EUR 3 000 in respect of compensation for the damage which she suffered, as full implementation of an earlier judgment of the Civil Service Tribunal, and the decision of 29 June 2012 by which the complaint brought by the applicant against the decision of 28 November 2011 was rejected;
—

annul the decision to calculate the entitlement to pension rights acquired before the entry into service on the basis of the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
—

annul the appraisal report concerning the applicant for 2011 in the version of 1 February 2012 and the e-mails of the defendant of 2 February 2012 at 14:51 and of 2 February 2012 at 15:49, in so far as OHIM’s imposition on the applicant of objectives to be achieved for the period 1 October 2011 to 30 September 2012 is contained therein;
—

order the defendant to pay the applicant the difference between (i) the remuneration to which she would have been entitled had she remained in her post at Europol and (ii) the amount of remuneration, fees, unemployment benefits and any other compensation actually received by her since 15 April 2012 by way of replacement for the remuneration she was receiving as a temporary agent;
EN Official Journal of the European Union C 71/30

Action brought on 18 December 2012 — ZZ v EEAS

(Case F-154/12)

2013/C 71/54

Language of the case: French

Parties

Applicant: ZZ (represented by: F. Parrat, lawyer)

Defendant: European External Action Service

Subject-matter and description of the proceedings

The partial annulment of the decision fixing the applicant’s seniority in grade at 16 November 2011 at the time of his appointment to a post in the Administrators’ function group, after having received certification.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the part of the decision of 23 January 2012 which amends the applicant’s seniority in grade and fixes it at 16 November 2011 instead of 1 January 2011;
—

where necessary and, in particular, in so far as their nature as decisions is established, annul EPSO’s decisions of 20 July 2012 in accordance with which the applicant was refused access to seven of the questions asked in the course of the pre-selection procedure for open competition EPSO/AD 230-231;
—

in so far as necessary, annul the decision of 7 December 2012 rejecting his complaint requesting application of the General Implementing Provisions and the actuarial rates in force at the time of his request to transfer his pension rights;
—

Annul the decision of the Commission, as AECE, of 4 October 2012 not to recruiter the applicant as an auxiliary contract agent in function group II;
—

order OHIM to pay an adequate compensation in the discretion of the Court — not below an amount 500 Euro — to the applicant for the moral and immaterial damages suffered by the applicant as a result of the contested appraisal report;
—

Annul the implied decision to reject Request No D/299/12, made by the applicant on 13 April 2012 concerning the adjustment of the entries in respect of the applicant’s absences on account of sickness in SysPer2, to take into account working days only, from 13 April 2009 to the date of the applicant’s request;