ddrg/super_eurlex huggingface dataset:
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order the defendant to pay the difference between the remuneration resulting from the aforementioned decisions of the EIB’s Board of Directors of 13 December 2011 and of the EIB’s Management Committee of 14 February 2012 and that paid in application of the preceding salary scheme, with interest on arrears to be added to that difference in remuneration with effect from 12 April 2012 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;
EN Official Journal of the European Union C 379/35

Action brought on 2 October 2012 — ZZ v Commission

(Case F-111/12)

2012/C 379/58

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to accept the findings of the Medical Committee ruling on the applicant’s level of disability and the occupational origin of his disease

Form of order sought

— Annul the Commission’s decision of 8 November 2011 to accept the findings of the Medical Commission dated 25 August 2011 and served on the applicant on 28 November 2011;

— In so far as necessary, annul the decision rejecting the applicant’s claim dated 22 June 2012;

— Order the Commission to pay the applicant the provisional fixed sum ex aequo et bono of EUR 100 000 in respect of the non-pecuniary damage suffered;
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Order the European Commission to pay EUR 2 500 in respect of the material and non-material damage caused, subject to increase or reduction during the proceedings, those sums to be increased by late-payment interest calculated from the date on which the sums were due at the rate applied by the ECB to its main refinancing operations plus two points;
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Order the Council to reimburse the applicant the difference between the salary amounts paid pursuant to the Council Decision of 19 December 2011 until the date of judgment in the present case and those which ought to have been paid to him had the adjustment been correctly calculated, together with interest at the rate fixed by the European Central Bank for main refinancing operations applicable during the relevant periods, increased by three and a half points, with effect from the date on which the sums of the principal claim fell due;
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Annul the AACC’s decision not to renew the temporary agent contract of the applicant, under Article 2(a) of the CEOS;
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order the defendant to compensate for the material damage caused to the applicant by the contested decision; to evaluate the amount corresponding to the difference between the payments corresponding to function group III since the month of October 2011 and those payments which he continued to receive as a member of the contractual staff of function group I, plus corresponding interest from the due date of each months’ pay until the date of their actual payment;
EN Official Journal of the European Union C 55/26

Action brought on 3 December 2012 — ZZ v Commission

(Case F-147/12)

2013/C 55/44

Language of the case: French

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, 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 acquired before he entered the service, under the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials and, so far as necessary, the decision confirming that transfer

Form of order sought

The applicant claims that the Tribunal should:

— Declare illegal Article 9 of the General Implementing Provisions for Article 11(2) of Annex VIII to the Staff Regulations;

— Annul the decision of 3 February 2012 to apply the parameters referred to in the General Implementing Provisions for Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 in respect of the transfer of the applicant’s pension rights;

— So far as necessary, annul the decision of 11 October 2012 confirming that transfer;
EN Official Journal of the European Union C 108/39

Action brought on 17 January 2013 — ZZ v Commission

(Case F-6/13)

2013/C 108/91

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to apply the correction coefficient for the town of Varese in accordance with Council Regulation (EU) No 1239/2010 of 20 December 2010 to the remuneration of the applicant for the month of April 2012 and following months.

Form of order sought

— Declare illegal Article 1 of Annex XI to the Staff Regulations and the methodological manual referred to in Annex I to Regulation No 1445/2007 of 11 December 2007;

— declare illegal Article 3 of Council Regulation (EU) No 1239/2010 of 20 December 2010 fixing the correction coefficient for the calculation of the remuneration of staff assigned to Varese at 92.3

— annul the decisions establishing the applicant’s 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 appointing authority’s decision of 5 October 2012 rejecting the applicant’s complaint concerning the correction coefficient applied in Varese;
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order the Commission to pay EUR 5 000 by way of compensation for the non-material harm which resulted from that report;
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annul the note of 6 July 2012 by which the PMO informs the applicant of its decision to follow the recommendation of the European Anti-fraud Office (OLAF) of 30 March 2012 and states that: (i) it has recovered EUR 5 530 from the applicant’s salary for June 2012 (unduly paid allowances), (ii) it will deduct EUR 3 822,80 from the applicant’s salary for July 2012 (interest on late payments in respect of the unduly paid amounts), and (iii) it will deduct EUR 2 372 (repayment of medical expenses) and EUR 699,20 (interest on late payments) from the applicant’s salary for August 2012;
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In consequence, annul the decision of the Secretariat General of the Council of 23 May 2012 establishing a proposal for the transfer of pension rights under Article 11(2) of Annex VIII of the Staff Regulations on the basis of the GIP of 11.10.2011 to the applicant as signed by her on 19 July 2012;
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In so far as it is necessary, annul the decision rejecting his claim of 12 March 2013 seeking the application of the GIP and actuarial rates in force at the time when he made his application to transfer his pension rights;
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Annul the Commission’s decision of 9 January 2013 by which it refused to grant the applicant’s application and rejected his complaint seeking to obtain reimbursement of the unpaid sum which the Commission ought to pay him because he resigned. To the extent necessary, the action also seeks annulment of the Commission’s letter of 13 April 2012 by which the Commission adopts a view for the first time relating to the applicant’s application to recalculate the amount which the Commission must pay to him;
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annul the decision to the transfer of the applicant’s pension rights on the basis of the parameters referred to in the General Implementing Provisions for Article 11(2) of Annex VIII of the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 274/29

Action brought on 6 June 2013 — ZZ v Commission

(Case F-56/13)

2013/C 274/45

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision concerning the transfer of the applicant’s pension rights into the European Union pension scheme, which decision applies the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought

— Annul the decision adopted by the appointing authority on 27 February 2013 rejecting the complaints made by the applicant on 7 January 2013 against the decisions of the PMO.4 of 10 October 2012;

— annul in addition those decisions of 10 October 2012 adopted by the PMO.4 against which the applicant’s complaints were made;

— declare unlawful the general implementing provisions of Articles 11 and 12 of Annex VIII to the Staff Regulations, as adopted on 3 March 2011, particularly Article 9 thereof, and declare them inapplicable to the present case;
EN Official Journal of the European Union C 377/24

Action brought on 2 July 2013 — ZZ v Commission

(Case F-65/13)

2013/C 377/56

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the rejection of the applicant’s claim addressed to the Commission seeking payment by the Commission of the sum of EUR 10 000 on account of the harm purportedly suffered by the applicant as a result of a letter informing him, inter alia, that the Commission had set off his applications for costs, which the Commission had been ordered to pay, against sums owed by the applicant to the Commission.

Form of order sought

— Annul the decision, whatever the form in which it was adopted, rejecting the claim for compensation of 20 June 2012 contained in the note of 20 June 2012;

— Annul the note of 27 August 2012 bearing, at the top right hand corner of the first of the three pages comprising the note, the reference ‘Ref.Ares (2012)1003126 — 27 August 2012’, which was received by the applicant on 9 October 2012;

— In so far as necessary, annul the decision, whatever the form in which it was adopted, rejecting the complaint of 24 October 2012;

— In so far as necessary, annul the note of 11 February 2013, bearing the reference HR.D.2/MB/ac 170184, written in Italian, consisting of two sheet of paper typed on one side, received by the applicant on 22 March 2013;

— Order the Commission to pay to the applicant the sum of EUR 10 000, together with interest at the rate of 10 % per annum and annual capitalisation with effect from 21 June 2012 until actual payment of that sum;
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order the defendant to pay: — principally: the interest due from the defendant on the amounts paid under policy WBA&I 2600914, on 3 May 2010, namely: — interest from the date on which the debt in respect of the damage to hearing came into being (5 % AMA, EUR 11 344,50), for the period from 11 December 2002, less 15 days (section 4B of the policy), to 3 May 2010, which amounts to EUR 4 875,28; — interest from the date on which the debt in respect of the damage to the ankle came into being (9 % AMA, EUR 20 420,12) for the period from the date on which Europol was held liable, 27 January 2004, less 15 days (section 4B of the policy) to 3 May 2010, which amounts to EUR 6 878,71; — interest from the date on which the debt in respect of the cognitive damage came into being (16 % AMA, EUR 36 302,41) for the period from the date on which Europol was held liable, 27 January 2004, less 15 days (section 4B of the policy) to 3 May 2010, which amounts to EUR 12 228,81; — in the alternative: award the applicant an amount for compensation for the damage for which the defendant is responsible which takes account of the defendant’s omissions;
EN Official Journal of the European Union C 52/54

Action brought on 18 December 2013 — ZZ v Commission

(Case F-123/13)

2014/C 52/106

Language of the case: French

Parties

Applicant: ZZ (represented by: P. Joassart, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to terminate, with immediate effect, the applicant’s contract as a member of the contract staff.

Form of order sought

— Annul the decision to dismiss the applicant, notified by letter of 7 March 2013;
EN Official Journal of the European Union C 31/23

Action brought on 30 November 2013 — ZZ v Frontex

(Case F-117/13)

2014/C 31/41

Language of the case: English

Parties

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

Defendant: Agence européenne pour la gestion de la coopération opérationnelle aux frontières extérieures des États membres de l'Union européenne (FRONTEX)

Subject-matter and description of the proceedings

The annulment of the decision not to renew the contract of the applicant after the annulment, by the Civil Service Tribunal, of the first decision of non-renewal of his contract.

Form of order sought

— Annul the decision of Frontex dated 19 February 2013 not to renew the contract of the applicant;

— exercise, if so required, its full jurisdiction to ensure the effectiveness of its decision;
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Annul the decision adopted on 16 October 2013, notified at the applicant’s residence on 18 October thereafter by the Commission Security Service, taken by the tripartite AA in Case CMS 12/042, under which ‘Mr ZZ is removed from his post under Article 9(1)(h) of Annex IX to the Staff Regulations without reduction of his pension rights’ and taking ‘effect in the month following the date of his signature’;
EN Official Journal of the European Union C 184/44

Action brought on 28 March 2014 — ZZ v EEAS

(Case F-28/14)

2014/C 184/73

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis and D. de Abreu Caldas, lawyers)

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Annulment of the decisions of the High Representative of the European Union to terminate the applicant’s contract as a member of the temporary staff, to refuse to hear him as regards acts of psychological harassment, to reject his request that an external investigator should be appointed and to register his complaint as a request.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 20 December 2013 of the High Representative of the European Union, Vice-President of the European Commission (HR/VP) to terminate the applicant’s contract as a member of the temporary staff within the meaning of Article 2(e) of the CEOS with effect from 31 March 2014;

— annul the decision of the HR/VP to refuse to hear the applicant, even though the applicant had expressly requested this in the covering letter accompanying his complaint of 9 December 2013 against the Chief Operating Officer of the EEAS in respect of facts of psychological harassment;

— annul the decision of the HR/VP to reject the applicant’s request to designate an external investigator of very high level, with wide experience of the conditions of employment governing the institutions of the European Union and who is completely impartial, for the purposes of determining the facts, drawing the appropriate conclusions from them and making recommendations to the HR/VP on the measures to be taken following that complaint;

— annul the decision of the HR/VP to register his complaint as a request and to have it dealt with by the DG HR.D.2 ‘Legal Affairs, Communication and Stakeholder Relations’, no member of which is of the grade or has the authority of the official against whom the complaint was lodged;
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Fix the compensation due to the applicant, should it be legally impossible for the European Parliament to reinstate him by appointing him as an established official, in the amount of EUR 45 000, together with default interest;
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Annul the decision adopted by the Appointing Authority on 28 March 2014, together with the decision of the Director-General of DG ENTR of 7 April 2014, rejecting the application for extension of the applicant’s service and, accordingly, confirming his automatic retirement on 1 June 2014;
EN Official Journal of the European Union C 212/47

Action brought on 20 May 2014 — ZZ and ZZ v Commission

(Case F-47/14)

2014/C 212/62

Language of the case: French

Parties

Applicant: ZZ and ZZ (represented by: J.-N. Louis, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions concerning the transfer of the applicants’ pension rights to the European Union pension scheme applying the new GIP on Articles 11 and 12 of Annex VIII to the Staff Regulations and an order that the Commission compensate the applicants for the loss caused to them as a result of the delayed handling of their requests to transfer their pension rights, arising due to the application of the GIP on Article 11 of Annex VIII to the Staff Regulations of 3 March 2011 rather than that of 28 April 2004.

Form of order sought

— Declare Article 9 of the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations unlawful and inapplicable;

— Annul the decisions of 15 and 24 October 2013 calculating the bonus to the pension rights acquired by the applicants before their entry into service, in the transfer thereof into the EU institutions pension scheme by application of the general implementing provisions on Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;

— Order the Commission to compensate the applicants for the loss caused to them as a result of the delayed handling of their requests to transfer their pension rights, arising due to the application of the GIP on Article 11 of Annex VIII to the Staff Regulations of 3 March 2011 rather than that of 28 April 2004;
Action brought on 7 August 2014 — ZZ v Council

(Case F-77/14)

(2014/C 395/84)

Language of the case: French

Parties

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

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Declaration of the inapplicability of Article 8 of Annex VII to the Staff Regulations of Officials, as amended by Article 1(67)(d) of Regulation No 1023/2013, in that it establishes a link between the grant of the benefits provided for in that article and expatriate status, and the annulment of the General Implementing Provisions relating to the travel expenses between the place of employment and the place of origin adopted by the Council on 1 January 2014 applying the same link.

Form of order sought

— Declare that, by virtue of Article 277 TFEU, Article 1(67)(d) of Regulation No 1023/2013 must be disapplied in that it links the reimbursement of annual travel expenses provided for in Article 7 of Annex VII to the Staff Regulations to expatriate status;

— Annul Article 1 of the GIPs of 1 January 2014 in that it links the reimbursement of annual travel expenses provided for in Article 7 of Annex VII to the Staff Regulations to expatriate status;
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Annul the decision of 15 May 2014 whereby the Jury for Open Competition EPSO/AST/126/2012 confirmed, through a letter from EPSO responding to the request for review submitted by the applicant on 31 January 2014, that the applicant was excluded from that competition;
EN Official Journal of the European Union C 7/58

Action brought on 27 October 2014 — ZZ v Commission

(Case F-122/14)

(2015/C 007/74)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

On one hand, the finding of the inapplicability of Regulation 1023/2013 of the 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 in that it provides for the suspension of the method of adjusting remuneration and introduces a solidarity levy, and, on the other hand, the annulment of the decision of the Council applying that solidarity levy from 1 January 2014 to the applicant’s remuneration although his remuneration is not subject to adjustment for the period between 1 January 2014 and 30 June 2015.

Form of order sought

— Declare the inapplicability of Regulation 1023/2013 in that it provides for the suspension from 1 July 2013 to 30 June 2015 of the method of adjusting remuneration set out in Annex XI to the Staff Regulations while reintroducing, for the same period, a collection of a ‘solidarity’ levy of 6 %;

— Consequently, annul the contested decision;
EN Official Journal of the European Union C 421/61

Action brought on 7 July 2014 — ZZ v Commission

(Case F-61/14)

2014/C 421/88

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AD 13 in the 2013 promotion exercise.

Form of order sought

— Annul the decision not to promote the applicant to grade AD 13 in the 2013 promotion exercise;
EN Official Journal of the European Union C 7/53

Action brought on 9th October 2014 — ZZ v ENISA

(Case F-105/14)

(2015/C 007/64)

Language of the case: English

Parties

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

Defendant: European Union Agency for Network and Information Security (ENISA)

Subject-matter and description of the proceedings

The annulment of the decision not to retain the applicant’s candidacy for the post of ‘legal officer’ (vacancy notice ENISA-TA-AD-2013-05).

Form of order sought

— Annul the contested decision;
EN Official Journal of the European Union C 7/53

Action brought on 10 October 2014 — ZZ v Commission

(Case F-107/14)

(2015/C 007/65)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the decision concerning the transfer of the applicants’ pension rights to the European Union pension scheme applying the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

Form of order sought

The applicant claims that the Tribunal should:

— declare Article 9 of the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations unlawful and inapplicable;

— annul the decision of 16 February 2014 concerning the calculation of accredited pension rights acquired by the applicant prior to entering the service, as part of the transfer of those rights to the pension scheme of the institutions of the European Union, pursuant to the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 34/50

Action brought on 30 October 2014 — ZZ v Commission and EEAS

(Case F-126/14)

(2015/C 034/61)

Language of the case: French

Parties

Applicant: ZZ (represented by: M. Tallent, lawyer)

Defendants: European Commission and European External Action Service (EEAS)

Subject-matter and description of the proceedings

Application for annulment of the decision taken by the European External Action Service authority empowered to conclude contracts, confirming a reimbursement ceiling as regards the applicant’s removal costs from Montenegro to his country of origin.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision adopted by the authority empowered to conclude contracts of employment dated 23 July 2014 notified on 1 August 2014;

— declare that ZZ is to be reimbursed the actual costs incurred by him in respect of his removal of EUR 17 940;

— in the alternative, declare that ZZ is to be reimbursed his removal costs up to an amount of EUR 7 960;
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set aside the decision of 16 January 2014 to credit the pension rights acquired by the applicant prior to his entry into service, in the context of the transfer of those pension rights to the pension scheme of the institutions of the European Union pursuant to the general implementing provisions adopted on 3 March 2011 in relation to Article 11(2) of Annex VIII to the Staff Regulations;