ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 431/48

Action brought on 31 July 2014 — ZZ v ECSEL Joint Undertaking

(Case F-75/14)

(2014/C 431/77)

Language of the case: Greek

Parties

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

Defendant: ECSEL Joint Undertaking

Subject-matter and description of the proceedings

Application for annulment of the applicant’s appraisal report drawn up in respect of 2012.

Form of order sought

The applicant claims that the Tribunal should:

— annul the contested decision by which ARTEMIS dismissed the applicant’s complaint and annul the contested act adopted on 15 November by the appeal assessor concerning the applicant’s reasoned refusal to accept the content of his appraisal report in respect of 2012;
EN Official Journal of the European Union C 7/48

Action brought on 2 September 2014 — ZZ and Others v Commission

(Case F-88/14)

(2015/C 007/55)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: Sébastien Orlandi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Declaration of the inapplicability of Article 6 of Annex X to the Staff Regulations, as amended by Article 1(70) of

Form of order sought

— Declare Article 6 of Annex X to the Staff Regulations unlawful;

— Annul decisions reducing the applicants’ annual leave as from 2014;
EN Official Journal of the European Union C 89/46

Action brought on 24 December 2014 — ZZ v Commission

(Case F-141/14)

(2015/C 089/56)

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 rejecting the claim for damages brought by the applicant, who was the victim of a serious accident due to an administrative fault committed by the Commission, responsible for his medical file, and the claim for damages for the material and non-material damage allegedly suffered.

Form of order sought

— Order the defendant to pay compensation for the applicant’s material and non-material damage;

— in so far as it is necessary, annul the decision of 24 February 2014 rejecting his claim for damages of 15 November 2013;

— in so far as it is necessary, annul the decision of 23 September 2014 rejecting his claim of 23 May 2014, supplemented by his note of 17 June 2014;
—

Order the EEAS to compensate the applicant in full for the material harm suffered by him, in particular by payment of all outstanding remuneration and all other expenses caused to the applicant by the unlawful conduct of the EEAS (net of unemployment benefit received or income from work); In the alternative, in the event that, for legal or factual reasons, the applicant is not reinstated in the service and/or further employed under the previous conditions, order the EEAS to pay the applicant compensation for material harm suffered by him as a result of the unlawful termination of his employment in the amount of the difference between his actual expected income and the income which the applicant would have received had the contract continued to run, having regard to pension benefits and other entitlements; and
EN Official Journal of the European Union C 89/47

Action brought on 21 January 2015 — ZZ and Others v Commission

(Case F-7/15)

(2015/C 089/57)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of decisions establishing the rights of the applicants with regard to reimbursement of their annual travel expenses pursuant to Article 8 of Annex VII to the Staff Regulations, as amended by Regulation No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union as well as the decisions to be adopted annually from 2015 and the rejection of an application for an order that the Commission reimburse their actual expenses in respect of annual travel to their place of origin, calculated on the basis of the aforementioned provision, as applied prior to the entry into force of the amended Staff Regulations in 2014.

Forms of order sought

The applicant claims that the Tribunal should:

— Annul the decisions establishing the rights of the applicants with regard to their annual travel under Article 8 of Annex VII to the EU Staff Regulations, as in force from 1 January 2015, since that decision was disclosed for the first time in their pay slips for June 2014, issued on 12 June 2014;

— Annul any other decision to be adopted annually, from 2015, under that provision;

— Annul, as appropriate, the decision of 15 October 2014 rejecting their claim;

— Order the defendant to reimburse the applicants’ expenses in respect of their annual travel to their place of origin covering their actual expenses and on the basis of the aforementioned provision, as applied prior to the entry into force of the new Staff Regulations in 2014, that amount being increased by default interest as from 12 June 2014, at the rate set by the European Central Bank for its main refinancing operations as applicable during the period in question, increased by three percentage points, until the day of payment of the sum so due;
EN Official Journal of the European Union C 118/46

Action brought on 23 January 2015 — ZZ v EMA

(Case F-9/15)

(2015/C 118/58)

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis, R. Metz, N. de Montigny, D. Verbeke and T. Van Lysbeth)

Defendant: European Medicines Agency (EMA)

Subject-matter and description of the proceedings

The annulment of the decision of the European Medicines Agency (EMA) to suspend the applicant from his duties and an application for the payment of one euro as provisional compensation in respect of the material and non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the EMA of 31 March 2014 to place the applicant on ‘non-active status’ for an indefinite period;

— order the defendant to pay the applicant one euro as provisional compensation in respect of the material and non-material harm suffered;
EN Official Journal of the European Union C 89/50

Action brought on 26 January 2015 — ZZ and Others v Commission

(Case F-14/15)

(2015/C 089/63)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions determining the applicants’ rights to reimbursement of annual travel expenses pursuant to Article 8 of Annex VII to the Staff Regulations of Officials, as amended by Regulation No 1023/2013 of the Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials and the CEOS.

Form of order sought

— Declare Article 8 of Annex VII to the Staff Regulations unlawful and inapplicable;

— annul the decisions determining the amount of the reimbursement of annual travel expenses granted to the applicants for 2014;
—

Annul the Commission’s decision of 15 October 2014 fixing the calculation of the applicant’s pension rights to be credited which were acquired before his entry into service at the Commission;
—

Annul the decision of the Commission of 19 June 2014 fixing the calculation of the applicant’s pension rights to be credited acquired before his entry into service with the Commission;
—

in the alternative, in the event that the applicant’s reinstatement results in significant practical difficulties or is excessive with regard to the situation of a third party, order the defendant to pay fair financial compensation for the unlawful termination of the applicant’s contract, taking into account not only the loss of remuneration with regard to the past but also the applicant’s genuine opportunity to remain in the service of OHIM until retirement age under a contract for an indeterminate period and to develop in his career;
—

Annul the decision of the head of the Brussels settlements office of 27 May 2014 rejecting the request for recognition of the disease suffered by the applicant as being a serious illness and the request for 100 % payment of medical expenses connected with it;
EN Official Journal of the European Union C 279/60

Action brought on 2 June 2015 — ZZ v Council

(Case F-84/15)

(2015/C 279/77)

Language of the case: French

Parties

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

Defendant: Council of the European Union

Subject-matter and description of the proceedings

The annulment of the decision not to promote the applicant to the next higher grade (AD 12) in the Council of the European Union’s 2014 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision not to promote the applicant to grade AD 12 in the 2014 promotion procedure;
EN Official Journal of the European Union C 245/49

Action brought on 28 April 2015 — ZZ v Commission

(Case F-70/15)

(2015/C 245/61)

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the final decision transferring the applicant’s pension rights to the European Union pension scheme, which applies the new general implementing provisions (GIP), adopted on 3 March 2011, for Article 11(2) of Annex VIII to the Staff Regulations.

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 28 July 2014 confirming the transfer of the pension rights acquired by the applicant prior to joining the service in accordance with the general implementing provisions, adopted on 3 March 2011, for Article 11(2) of Annex VII to the Staff Regulations;
EN Official Journal of the European Union C 320/56

Action brought on 14 August 2015 — ZZ v European Commission

(Case F-115/15)

(2015/C 320/78)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision limiting the applicant’s pension rights, for a declaration that the conclusions adopted by the Heads of Administration on 16 June 2005 are inapplicable in so far as they limit the additional pension rights to be credited to the applicant’s pension and for an order that the defendant is to pay the applicant the retirement pension to which he is entitled.

Form of order sought

The applicant claims that the Tribunal should:

— declare inapplicable to the present case the conclusions of the Heads of Administration, No 240/05 of 16 June 2005, in so far as they limit, on a pro rata basis, to the actual contribution period as opposed to a complete career as an official, the additional pension rights to be credited to the applicant’s pension in relation to the management allowance;

— annul the contested decision, in so far as it limits the applicant’s pension rights in respect of the management allowance on a pro rata basis to the contribution period, as opposed to the number of years of pensionable service in a complete career as an official;

— order the Commission to pay the applicant the retirement pension to which he is entitled, subject to deduction of the pension actually paid, together with default interest calculated at the rate applied by the ECB for its standard transactions, increased by two points;
—

Annul the decision of 14 October 2014 confirming the transfer of the pension rights acquired by the applicant before his entry into service in accordance with 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 414/45

Action brought on 12 October 2015 — ZZ v Commission

(Case F-133/15)

(2015/C 414/58)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to impose on the applicant, following an investigation concerning a conflict of interest, a penalty of permanent downgrading by two grades, and compensation for the non-material damage which the applicant claims to have suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 10 December 2014 to impose on the applicant, as a disciplinary measure, a penalty of permanent downgrading, in the same function group, from grade AD 11 to grade AD 9;

— award the applicant a sum of EUR 1 00 000 by way of compensation in relation to the long duration of the procedure;
—

Declare that, in breach of the ruling given by the Civil Service Tribunal on 16 May 2013 and for all the reasons set out in the body of the application, the European Commission unlawfully withheld from the applicant’s pension the sum of EUR 14 207,60;
EN Official Journal of the European Union C 68/45

Action brought on 27 November 2015 — ZZ v Parliament

(Case F-146/15)

(2016/C 068/58)

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for annulment of the Parliament’s decision rejecting the applicant’s request that his appraisal reports drawn up since his promotion to grade AD 12 be converted to merit points.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appointing authority’s decision of 8 April 2015 rejecting the applicant’s request that his appraisal reports drawn up since his promotion to grade AD 12 be converted to merit points;
EN Official Journal of the European Union C 7/37

Action brought on 23 October 2015 — ZZ v Commission

(Case F-135/15)

(2016/C 007/50)

Language of the case: French

Parties

Applicant: ZZ (represented by: B. Sahki, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the selection board in Competition EPSO/AST/130/14 not to admit the applicant to the assessment stage, on the ground that he did not have the required level of studies and professional experience of a minimum of six years related to the nature of the work.

Form of order sought

— Annul the contested decision of 16 June 2014 [of] the President of the Competition selection board of the European Personnel Selection Office (EPSO), following the application of 1 April 2014;

— Annul the review decision of 4 December 2014 [of] the President of the EPSO competition selection board, following the request for review of 16 June 2014;

— Annul the decision of the Appointing Authority of 6 July 2015 rejecting the claim of 3 March 2015, R/10/15;
—

Annul the decision of the appeal assessor of 21 September 2015 finalising the applicant’s appraisal report for reporting period 2011, and insofar as necessary annul the decision of the authority empowered to conclude contracts of employment of 20 April 2016 rejecting the applicant’s complaint of 20 December 2015;
EN Official Journal of the European Union C 191/51

Action brought on 17 February 2016 — ZZ v European Ombudsman

(Case F-10/16)

(2016/C 191/74)

Language of the case: Greek

Parties

Applicant: ZZ (represented by: M. Vasileios A. Christianos, lawyer)

Defendant: European Ombudsman

Subject-matter and description of the proceedings

Annulment of the decision of the European Ombudsman not to appoint the applicant to the post of Secretary-General of the Ombudsman’s office and an order that the defendant pay damages in respect of the material and non-pecuniary losses allegedly suffered by the applicant.

Form of order sought

— Annul the contested decision of 9 November 2015 of the European Ombudsman, by which it rejected the applicant’s administrative claims;

— Annul the decision of 10 April 2015, which denied the applicant an interview, and the decision of 16 July 2015 appointing B.G. to the post of Secretary-General of the Ombudsman’s office;

— Order the European Ombudsman to pay the applicant the sum of EUR 112 472,64 as compensation for the material loss suffered by him;

— Order the European Ombudsman to pay the applicant the sum of thirty thousand euros (EUR 30 000) as compensation for the non-pecuniary loss suffered by him;
EN Official Journal of the European Union C 371/32

Action brought on 17 August 2016 — ZZ v EIB

(Case F-45/16)

(2016/C 371/36)

Language of the case: English

Parties

Applicant: ZZ (represented by: B. Maréchal, lawyer)

Defendant: European Investment Bank (EIB)

Subject-matter and description of the proceedings

Claim for compensation in respect of the material and non-material loss that the applicant maintains he has suffered following the declaration of his total and permanent invalidity, which he regards as being of occupational origin.

Form of order sought

Compensate the applicant for the loss or for part of the loss in the case in which part of the loss would have been reimbursed by the EIB's AXA Belgium insurance.

— Damages in relation to the violation of the moral prejudice suffered by the applicant amounting to EUR 150 000;

— Reimbursement of future medical and psychological costs related to the health issues developed due to the severe stress of the applicant, and which is not reimbursed by the EIB Health Insurance Scheme;

— Reimbursement of medical and psychological costs to date related to the health issues developed due to the severe stress, and which is not reimbursed by the IB Health Insurance Scheme;
—

Annul the decision of 13 November 2015 publishing the list of officials promoted in the 2015 annual promotions exercise in so far as it does not contain the applicant’s name;
EN Official Journal of the European Union C 142/38

Judgment of the Civil Service Tribunal (First Chamber) of 23 April 2008 — Bain and Others v Commission

(Case F-112/05) (1)

(Staff case - Officials - Remuneration - Correction coefficients - Transfer of part of remuneration out of the country of employment - Pensions - Default proceedings - Temporal application of the Tribunal's Rules of Procedure - Pay slips - Plea of illegality)

(2008/C 142/71)

Language of the case: French

Parties

Applicants: Neil Bain (Brussels, Belgium), Obhijit Chatterjee (Brussels, Belgium), Richard Fordham (Bergen, Netherlands), Roger Hurst (Bergen, Netherlands), (represented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (represented by: V. Joris and D. Martin, Agents)

Re:

Annulment of the applicants' pay slips for the months of February, March and April 2005, and of all subsequent pay slips, in so far as they apply the allegedly unlawful provisions of Regulation No 723/2004 amending the Staff Regulations of Officials, concerning the transfer of part of remuneration to the official's country of origin (formerly Case T-419/05).

Operative part of the judgment

The Tribunal:

1. Dismisses the action as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 48 of 25.2.2006, p. 36 (Case originally registered at the Court of First Instance of the European Communities under number T-419/05 and transferred to the European Union Civil Service Tribunal by order of 15 December 2005).
EN Official Journal of the European Union C 38/28

Judgment of the Civil Service Tribunal (First Chamber) of 2 October 2012 — Q v Commission

(Case F-52/05 RENV)

(Civil service - Referral back to Tribunal after setting aside - Administration’s duty to provide assistance - Psychological harassment - Provisional removal from post - Reparation for non-material damage - Career development reviews - Justified absences on the ground of sickness - Failure to take into account)

2013/C 38/51

Language of the case: French

Parties

Applicant: Q (Domsjö, Sweden) (represented by: S. Rodrigues and Y. Minatchy, lawyers)

Defendant: European Commission (represented by: initially D. Martin, B. Eggers and V. Joris, subsequently by V. Joris and G. Berscheid, acting as Agents)

Re:

Civil service — First, annulment of the Commission’s decision refusing the request for assistance submitted by the applicant under Article 24 of the Staff Regulations concerning psychological harassment to which she claims to have been subject and an application for damages and, secondly, annulment of her career development review for 2003 (formerly T-252/05) — Case T-80/09 P referred back after appeal

Operative part of the judgment

The Tribunal:

1. Annuls the career development reviews drawn up for the periods from 1 January to 31 October and from 1 November to 31 December respectively;

2. Orders the European Commission to pay the sum of EUR 10 000 to Q;

3. Declares that the European Commission must bear its own costs incurred in the proceedings before the General Court and in the two sets of proceedings before the Tribunal and orders the European Commission to pay three-quarters of the costs incurred by Q in the two sets of proceedings before the Tribunal;
EN Official Journal of the European Union C 328/58

Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 — Vivier v Commission

(Case F-29/05) (1)

(Civil service - Members of the temporary staff - Classification in grade - Grades laid down in the call for applications - Amendment of the rules governing classification of staff - Transitional provisions - Article 12(3) of Annex XIII to the Staff Regulations - Application by analogy)

2010/C 328/91

Language of the case: French

Parties

Applicant: Jean-François Vivier (Petten, Netherlands) (represented by: initially, S. Orlandi, A. Coolen and É. Marchal, lawyers, subsequently by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: initially, H. Krämer and K. Herrmann, acting as Agents, subsequently by J. Currall, acting as Agent)

Re:

Annulment of the Commission’s decision classifying the applicant at grade A*6 at the time of his recruitment as a member of the temporary staff

Operative part of the judgment

The Tribunal:

1. Annuls the European Commission’s classification decision, as annexed to the amendment of 21 July 2004 to the temporary staff contract signed by Mr Vivier on 10 June 2004;

2. Orders the European Commission to bear its own costs and to pay the costs of Mr Vivier.

(1) OJ C 193, 6.8.2005, p. 31. (Case originally registered at the Court of First Instance of the European Communities as Case T-196/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005.)
EN Official Journal of the European Union C 32/49

Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2008 — Bouis and Others v Commission

(Case F-113/06) (1)

(Staff case - Officials - ‘Second round’ promotion - 2005 promotion procedure - Award of priority points - Transitional provisions - General implementing provisions for Article 45 of the Staff Regulations - Equal treatment - Admissibility)

(2009/C 32/96)

Language of the case: French

Parties

Applicants: Didier Bouis (Overijse, Belgium) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (represented by: V. Joris and D. Martin, Agents)

Re:

Staff case — First, annulment of the decision of the Commission not to include the applicants either on the merit list or on the list of those promoted to grade A*13 in the 2005 promotion procedure; second, annulment of the decisions to award the applicants transitional priority points inasmuch as these points are limited to one point per year of seniority in grade; third, annulment of the decisions not to award any other priority points to the applicants.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 281, 18.11.2006, p. 49.