ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 190/38

Action brought on 7 April 2015 — ZZ. v Commission

(Case F-52/15)

(2015/C 190/46)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to reject the applicant’s application for an extension of his service and a claim for damages with interest in respect of the material harm allegedly suffered and the symbolic sum of EUR 1 as compensation for the non-pecuniary harm alleged.

Form of order sought

— Annul the decision adopted by the Appointing Authority on 25 June 2014 rejecting the applicant’s application for an extension of his service and, accordingly, confirming his automatic retirement on 31 October 2014;

— Annul, in so far as necessary, the decision rejecting his claim, dated 10 December 2014 and served on the applicant on 29 December 2014;

— Pay compensation for the material harm suffered by the applicant as a result of the contested decisions;

— Award the applicant the symbolic sum of EUR 1 as compensation for his non-pecuniary harm;
—

to pay to each defendant, as compensation for the material harm, (i) the balance of the salary corresponding to the application of the annual adjustment for 2015, namely an increase of 0,4 %, for the period of 1 January 2015 to 31 December 2015; (ii) the balance of the salary corresponding to the effects of application of the annual adjustment of 1,2 % for 2015 on the amount of the salaries which will be paid with effect from January 2016; (iii) default interest on the balances of the salaries due until payment in full of the sums due, the rate of the default interest to be applied must be calculated on the basis of the rate set by the European Central Bank for main refinancing operations, applicable during the relevant period, increased by three points and (iv) damages in respect of the loss of purchasing power; this material loss as a whole being estimated, provisionally, for each applicant, at EUR 30 000;
EN Official Journal of the European Union C 245/49

Action brought on 27 April 2015 — ZZ v Frontex

(Case F-68/15)

(2015/C 245/60)

Language of the case: French

Parties

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

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

Subject-matter and description of the proceedings

Annulment of the applicant’s appraisal report for 2009 and the claim for damages for the non-material damage allegedly suffered.

Form of order sought

— Annul the appraisal report of 4 July 2014 notified to the applicant on 12 July 2014, in so far as it amends the initial report;

— order Frontex to pay the applicant EUR 4 000 by way of damages;
EN Official Journal of the European Union C 320/53

Action brought on 23 July 2015 — ZZ v EESC

(Case F-107/15)

(2015/C 320/74)

Language of the case: French

Parties

Applicant: ZZ (represented by: M.-A. Lucas, lawyer)

Defendant: EESC (European Economic and Social Committee)

Subject-matter and description of the proceedings

Application for annulment of the decision retiring the applicant with effect as of 31 December 2014 and the decision rejecting his request to extend his service.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 7 April 2014 of the Secretary General of the EESC retiring the applicant with effect as of the evening of 31 December 2014;

— annul the decision of 30 September 2014 of the Director of Human Resources and Internal Services refusing, by a power delegated from the appointing authority, to concede to his request, brought on 3 September 2014, for the extension of his occupational activity until 31 May 2015;

— annul so far as necessary the decision of 22 April 2015 of the Secretary General of the EESC rejecting the complaint brought on 22 December 2014 by the applicant against the decisions of 7 April and 30 September 2014;
EN Official Journal of the European Union C 294/84

Action brought on 1 July 2015 — ZZ v Commission

(Case F-95/15)

(2015/C 294/102)

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

The annulment of the final decision on the transfer of the applicant’s pension rights to the European Union pension scheme, which applies the new general implementing provisions of 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 6 November 2014 confirming the transfer of the pension rights acquired by the applicant prior to entering the service under the general implementing provisions of 3 March 2011 for Article 11(2) of Annex VIII to the Staff Regulations;
EN Official Journal of the European Union C 414/43

Action brought on 29 September 2015 — ZZ v Commission

(Case F-127/15)

(2015/C 414/54)

Language of the case: French

Parties

Applicant: ZZ (represented by: C.W. Godfrey, C. Antoine and M. Gomes Lopes, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decision imposing the disciplinary measure of withholding EUR 185 from the applicant’s pension for a 12-month period and taking effect on the date on which he is to retire, on account of the exercise of an outside activity without permission.

Form of order sought

The applicant claims that the Tribunal should:

— annul the European Commission decision dated 16 December 2014, with all ensuing legal consequences;
EN Official Journal of the European Union C 354/57

Action brought on 21 August 2015 — ZZ v Commission

(Case F-121/15)

(2015/C 354/69)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision rejecting the applicant’s candidature for the post advertised in the vacancy notice COM/2014/2036, on the basis of the failure to comply with the condition requiring a six-month break between contracts prior to the recruitment of a member of staff who has previously been employed under a contract at grade AT2c, as provided for in note D(2005)18064 of 28 July 2005 of DG HR, and for 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 22 May 2014 in which DG HR prevented the recruitment of the applicant;

— annul, so far as necessary, the decision of 14 November 2014 rejecting the complaint;

— order compensation in respect of the pecuniary and non-pecuniary harm incurred by the applicant as a result of those decisions, estimated, subject to being re-evaluated in the future, at EUR 3 26 275, that compensation to be paid together with indexed default interest;
EN Official Journal of the European Union C 111/43

Action brought on 13 November 2015 — ZZ and Others v Commission

(Case F-140/15)

(2016/C 111/53)

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject matter and description of the proceedings

Annulment of the Commission decision amending the amount of the survivor’s pension granted to the applicant and of the orphans’ pensions granted to the applicant’s three children.

Form of order sought

The applicants claim that the Tribunal should:

— annul amendment decision No 3 of the Head of Unit PMO.4 of the European Commission setting out new amounts of the survivor’s pension granted to the complainant and of the orphans’ pensions granted to the complainant’s three children, communicated to the applicant on 6 February 2015, as supplemented by the grounds for the decision rejecting the complaint of the appointing authority of 3 August 2015;
—

order the European Parliament to compensate the applicant for the non-material damage suffered, assessed provisionally on an ex aequo et bono basis at EUR 20 000;
EN Official Journal of the European Union C 296/45

Action brought on 25 May 2016 — ZZ v EASA

(Case F-27/16)

(2016/C 296/56)

Language of the case: English

Parties

Applicant: ZZ (represented by: S. Rodrigues and C. Bernard-Glanz. lawyers)

Defendant: European Aviation Safety Agency (EASA)

Subject-matter and description of the proceedings

Annulment of the decision transferring the applicant to a new position in the interests of the service.

Form of order sought

— Annul the contested decision and, so far as necessary, the decision rejecting the complaint;
—

Condemn the European Investment Bank to restore the prejudice that the applicant has suffered for the loss of her pensionable rights in the amount of EUR 55 641,17, plus interest accrued at the applicable rate calculated retroactively, as if the original transfer was done for the full amount of her pensionable rights existing with Istituto Nazionale della Previdenza Sociale, when the original request of transfer was done;
EN Official Journal of the European Union C 383/31

Action brought on 15 August 2016 — OT v Commission

(Case F-4/16)

(2016/C 383/41)

Language of the case: English

Parties

Applicant: OT (represented by: D. Sobor, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the defendant’s decisions refusing to accept the applicant’s candidature for the post of Director of the European Monitoring Centre for Drugs and Drug Addiction, to grant the applicant’s request for assistance or to open an administrative inquiry with regard to the alleged irregularities and illegalities in the selection procedure concerned, and claim for compensation for the material and non-material damage which the applicant alleges to have suffered.

Form of order sought

— Annul the defendant’s decision of 26 September 2014 refusing to accept the applicant’s candidature for the post of Director of the European Monitoring Centre for Drugs and Drug Addiction;

— annul the defendant’s decision of 9 April 2015 rejecting the applicant’s complaint and request for assistance;

— annul the decision of 22 October 2015 rejecting the applicant’s complaint;

— order the defendant to pay a sum of EUR 2 836 107 (that is two million eight hundred and thirty-six thousand one hundred and seven euro) covering the material damages suffered by the Applicant;

— order the defendant to pay a sum of EUR 100 000 (that is one hundred thousand euro) covering the non-material damages suffered by the applicant; and
EN Official Journal of the European Union C 371/32

Action brought on 26 August 2016 — ZZ v Commission

(Case F-46/16)

(2016/C 371/37)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Commission executing a judgment of the Civil Service Tribunal insofar as it refuses to appoint the applicant as an official to the post in which it had already refused to appoint her and which was the subject matter of the decision annulled by that judgment.

Form of order sought

— Annul the decision of 27 October 2015 by which the Human Resources DG of the European Commission adopted implementing measures in respect of the judgment of the Civil Service Tribunal of 6 October 2015, F-119/14 FE v Commission;

— Annul the decision of the Appointing Authority of 19 May 2016 by which the Appointing Authority rejected the claim made by the applicant against the abovementioned decision;

— Order the defendant to pay EUR 25 000 in compensation for the non-pecuniary harm, that amount being set provisionally;
EN Official Journal of the European Union C 209/68

Judgment of the Civil Service Tribunal (Second Chamber) of 24 April 2008 — Dalmasso v Commission

(Case F-61/05) (1)

(Staff case - Contract staff - Recruitment - Grading in function group - Application for review of grade and remuneration set on recruitment - Former auxiliary staff member employed as contract staff member - Article 3a and Article 80(2) and (3) of the CEOS - Duties falling under different function groups - Equal treatment - Action unfounded)

(2008/C 209/122)

Language of the case: French

Parties

Applicant: Raffaelle Dalmasso (Schaerbeek, Belgium) (represented by: L.Vogel, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, agents)

Intervener in support of the defendant: Council of the European Union (represented by M. Arpio Santacruz and I. Sulce, agents)

Re:

Staff case — First, annulment of the Commission's decision rejecting the complaint submitted by the applicant, a former member of the auxiliary staff, against the decision fixing his grade and remuneration as a contract staff member and, secondly, an application for damages (formerly T-269/05)

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders each party to bear its own costs.

(1) OJ C 229 of 17.9.2005, p. 30 (case initially registered before the Court of First Instance of the European Communities as T-269/05 and transferred to the Civil Service Tribunal by order dated 15.12.2005).
EN Official Journal of the European Union C 8/30

Judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007 — Michail v Commission

(Case F-67/05) (1)

(Civil service - Officials - Evaluation - Career evaluation report - 2003 evaluation period - Action for annulment - Action for damages)

(2008/C 8/52)

Language of the case: French

Parties

Applicant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Defendant: Commission of the European Communities (represented by: H. Tserepa-Lacombe, Agent, assisted by E. Bourtzalas, lawyer)

Re:

On the one hand, an application for the annulment of the applicant's career evaluation report for the evaluation period from 1 April 2003 to 31 December 2003 and, on the other, a claim for damages.

Operative part of the judgment

The Tribunal:

1. Annuls Mr Michail's career evaluation report for the evaluation period from 1 April 2003 to 31 December 2003;

2. Dismisses the remainder of the application;

3. Orders the Commission of the European Communities to pay the costs.

(1) OJ C 229 of 17.9.2005, p. 33 (case initially registered before the Court of First Instance of the European Communities as Case T-284/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
EN Official Journal of the European Union C 346/59

Judgment of the Civil Service Tribunal (Second Chamber) of 28 October 2010 — Kay v Commission

(Case F-113/05) (1)

(Staff cases - Officials - Appointment - Officials advancing to a higher function group by open competition - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 2, Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 346/118

Language of the case: French

Parties

Applicant: Roderick Neil Kay (Brussels, Belgium) (represented: initially by T. Bontinck and J. Feld, lawyers, and subsequently by T. Bontinck and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, acting as Agents)

Re:

Annulment of the Commission’s decision reclassifying the applicant, who was placed on the reserve list of an external competition prior to the entry into force of the new Staff Regulations, in grade pursuant to the less favourable provisions of those regulations

Operative part of the judgment

The Tribunal:

1. Dismisses Mr Kay’s action;

2. Orders each party to bear its own costs.

(1) OJ C 48, 25.2.2006, p. 36 (case initially registered before the Court of First Instance of the European Communities under the Number T-421/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
EN Official Journal of the European Union C 209/68

Judgment of the Civil Service Tribunal (Full Court) of 24 June 2008 — Cerafogli and Paolo Poloni v ECB

(Case F-116/05) (1)

(Staff Case - ECB Staff - Remuneration - Method of calculation of annual salary adjustment - Enforcement of a judgment of the Community judicature - Confirmatory act - Inadmissibility)

(2008/C 209/123)

Language of the case: French

Parties

Applicants: Maria Concetta Cerafogli and Paolo Poloni (Frankfurt am Main, Germany) (represented by: G. Vandersanden and L. Levi, lawyers)

Defendant: European Central Bank (ECB) (represented by: F. Malfrère and K. Sugar, Agents and H.-G. Kamann, lawyer)

Re:

First, annulment of the applicants' respective remuneration slips for the month of July 2001, as drawn up by the European Central Bank in May 2005, in enforcement of the judgment of the Court of First Instance of 20 November 2003 in Case T-63/02 Cerafolgi and Poloni v ECB and, second, a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action as inadmissible;

2. Orders each party to bear its own costs.

(1) OJ C 48, 25.2.2005 (case initially lodged before the Court of First Instance of the European Communities as Case T-431/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005).
EN Official Journal of the European Union C 209/70

Judgment of the Civil Service Tribunal (Second Chamber) of 8 May 2008 — Kerstens v Commission

(Case F-119/06) (1)

(Staff case - Officials - Admissibility - Organisational Chart - Act adversely affecting an official - Change of posting - Change of duties - Interests of the service - Equivalence of posts - Covert penalty - Misuse of powers)

(2008/C 209/128)

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities (represented by: K. Herrmann and M. Velardo, Agents)

Re:

First, annulment of the decision of 8 December 2005 of the Board of the Office for Administration and Payment of Individual Entitlements (PMO) amending the PMO's organisation chart inasmuch as that decision had the effect of reassigning the applicant, at that time head of the ‘Resources’ Unit, to a research position and, second, a claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 294, 2.12.2006, p. 68.
EN Official Journal of the European Union C 8/31

Judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007 — Dittert v Commission

(Case F-109/06) (1)

(Civil service - Officials - Promotion - Priority points - Incomplete personal file - Omission of priority points from the computer promotion file known as ‘Sysper 2’ - Technical problem - A* Promotion Committee - Allocation of a lower number of points than had been proposed by the applicant's superiors)

(2008/C 8/54)

Language of the case: French

Parties

Applicant: Daniel Dittert (Luxembourg, Luxembourg) (represented by: B. Cortese and C.Cortese, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid and K. Herrmann, Agents)

Re:

Annulment of the Appointing Authority's decision to allocate to the applicant, an official of the Commission who had been omitted in error from the promotion list in his Directorate-General, fewer priority points than the latter wished to give him and which were insufficient to allow his promotion in the 2005 exercise.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Communities allocating to Mr Dittert an insufficient number of points to allow his promotion in the 2005 exercise;

2. Annuls the decision of the Commission of the European Communities fixing the list of officials promoted in the 2005 exercise, published in Informations Administratives No 85-2005 of 23 November 2005, in so far as it does not contain Mr Dittert's name;

3. Orders the Commission of the European Communities to bear its own costs and to pay those of Mr Dittert.

(1) OJ C 281 of 18.11.2006, p 47.
EN Official Journal of the European Union C 328/60

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

(Case F-20/06) (1)

(Civil service - Officials - Appointment - Officials advancing to a higher function group by open competition - Candidate placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)

2010/C 328/96

Language of the case: French

Parties

Applicant: Patricia de Luca (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, acting as Agents)

Re:

Annulment of the Commission’s decision of 23 February 2005 appointing the applicant, an official already graded at A*10 and a successful candidate in a competition for grades A5/A4, to a post as an administrator in the Directorate-General for Justice, Freedom and Security in so far as it alters her classification in grade from A*10 to A*9

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 108, 6.5.2006, p. 31.
EN Official Journal of the European Union C 32/50

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

(Case F-136/06) (1)

(Staff case - Contract staff - Recruitment - Classification in grade - Experience - Qualifications - Equivalence)

(2009/C 32/98)

Language of the case: English

Parties

Applicant: Enzo Reali (Florence, Italy) (represented by: S.A. Pappas, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and M. Velardo, Agents)

Re:

Staff case — Annulment of the Appointing Authority's decision of 30 August 2006 rejecting the complaint lodged by the applicant, a member of the contract staff, requesting to be reclassified from Grade 14 to Grade 16 in Function Group IV, on account of the value to be attributed to his ‘Laurea in Scienze agrarie’ diploma in the calculation of his professional experience.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 20, 27.1.2007, p. 38.