ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 153/52

Action brought on 7 May 2009 — Fries Guggenheim v CEDEFOP

(Case F-47/09)

2009/C 153/101

Language of the case: French

Parties

Applicant: Eric Mathias Fries Guggenheim (Liège, Belgium) (represented by: L. Lucas, lawyer)

Defendant: European Centre for the Development of Vocational Training (CEDEFOP)

Subject-matter and description of the proceedings

Annulment of CEDEFOP’s decision not to renew the applicant’s contract as a member of the temporary staff and, should the applicant not be reinstated, an order that the defendant pay him damages to compensate for the non-material harm suffered.

Form of order sought

The applicant claims that the Tribunal should:

— Annul CEDEFOP’s decision of 7 July 2008 not to renew the applicant’s contract and confirming that his employment will end on 15 October 2008;

— Annul, in so far as necessary, CEDEFOP’s decision of 18 July 2008 confirming the first decision, following the applicant’s letter of 9 July 2008 and his meeting on 17 July 2008 with the representatives of personnel;

— Order CEDEFOP to pay the applicant, should he not be reinstated, damages of an amount to be assessed by the Tribunal to compensate for his non-material harm;

— Allow the applicant, should he consider it necessary, to value the detriment to his career and, if not, order CEDEFOP to pay him damages to compensate for that detriment, should he not be reinstated, of an amount to be assessed by the Tribunal;
EN Official Journal of the European Union C 220/43

Action brought on 24 July 2009 — Barbin v Parliament

(Case F-68/09)

2009/C 220/91

Language of the case: French

Parties

Applicant: Florence Barbin (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision of 10 November 2008 not to promote the applicant to grade AD 12 for the 2006 promotion exercise.

Form of order sought

— annul the European Parliament’s decision not to promote the applicant to grade AD 12 for the 2006 promotion exercise;
—

Annul the decision of 12 June 2008 whereby the defendant informed the applicant that it could not offer him permanent employment and also the decision made on his complaint on 7 January 2009 that the grounds of complaint brought by the applicant against the decision of 12 June 2008 were unfounded;
—

Annul the decision, in whatever form, by which the defendant rejected in part the request of 8 September 2008, that is to say, annul the decision, in whatever form, by which the Commission calculated and paid to the applicant default interest to which he was entitled in respect of each of the parts of the monthly amounts of the invalidity allowance awarded to him for the period from June 2005 to April 2008, which were paid to him in a single payment on 29 May 2009, with a value date of 28 May 2008, instead of at the end of each month of the period in question, being an amount less than would have been calculated and paid if the criteria set out in the request of 8 September 2008 had been applied, namely if: (a) 29 May 2008 had been regarded as the dies ad quem; (b) the first day of the month following that in which each of the parts of the monthly amounts in question should have been paid to the applicant had been regarded as the dies a quo; (c) the rate of interest applied had been 10 % per annum, with annual capitalisation;
—

annul the decision adopted on 22 January 2009 by the Appointing Authority rejecting the applicant's claim and, in so far as necessary, the decision adopted on 29 May 2009 by the Appointing Authority rejecting his complaint;
—

in the event that, owing to OHIM’s unlawful conduct, the applicant’s actual employment has already ended at the date of the Tribunal’s decision and/or payment of the remuneration owed to the applicant by OHIM, notwithstanding the continuation of the employment relationship: — declare that OHIM is under an obligation to continue to employ the applicant under the same conditions as hitherto and to reinstate her, and order OHIM to compensate the applicant fully for the material damage suffered by her, in particular by paying any outstanding salary and all other expenses incurred by the applicant as a result of OHIM’s unlawful conduct (after deduction of unemployment benefit received); — in the alternative, in the event that, in the present situation, for legal or practical reasons the applicant is not reinstated or re-employed under the same conditions as hitherto, order OHIM to pay the applicant compensation for the material damage arising from the unlawful termination of her employment corresponding to the difference between her actual anticipated lifetime earnings and the lifetime earnings the applicant would have achieved if the contract had remained in force, taking into account pension benefits and other entitlements;
EN Official Journal of the European Union C 24/80

Action brought on 23 October 2009 — Z v Court of Justice

(Case F-88/09)

2010/C 24/154

Language of the case: French

Parties

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

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

First, annulment of the decision to transfer the applicant in the interest of the service to another directorate and, second, compensation for non-material loss.

Form of order sought

— annul the decision of the appointing authority of 18 December 2008 to transfer the applicant to the library directorate with effect on 1 January 2009;

— inasmuch as it is necessary, annul the decision of 9 July 2009, received on 13 July 2009 to reject the complaint;

— order the defendant to pay the sum of EUR 50 000 as compensation for the non-material loss;
—

Annul the decision of the selection board of 17 December 2009 not to place the applicant on the reserve list for Competition EPSO/AST/51/08 and order the defendant to pay damages, provisionally assessed at 1 euro and which will be more precisely defined during the proceedings, as well as compensatory and default interest at 6.75 %, for the material and non-material loss suffered;
—

Annul the decision of the Appointing Authority of 23 April 2009 imposing on the applicant a disciplinary penalty in the form of a written warning;
EN Official Journal of the European Union C 221/61

Action brought on 3 July 2010 — Merhzaoui v Council

(Case F-52/10)

()

2010/C 221/99

Language of the case: French

Parties

Applicant: Mohamed Merhzaoui (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision of 12 May 2010 establishing the applicant’s definitive staff report for the period from 1 January 2008 to 30 June 2009.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 12 May 2010 establishing the applicant’s definitive staff report for the 2008-2009 period;
EN Official Journal of the European Union C 209/55

Action brought on 7 June 2010 — Lebedef v Commission

(Case F-40/10)

()

2010/C 209/87

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision stating that the applicant exceeded his annual leave entitlement without authorisation by 5,5 days in 2009.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 11 August 2009, by which the General Director of Eurostat gave instructions to his Human Resource Management unit to inform the competent departments of the Office for the Administration and Payment of Individual Entitlements that the applicant had exceeded his annual leave entitlement by 5,5 days in 2009, to cause him to lose his remuneration for that period;
Action brought on 24 August 2010 — Marcuccio v Commission

(Case F-69/10)

()

(2010/C 288/142)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s request for compensation for the damage suffered as a result of the fact that the defendant had sent a letter to a lawyer who was not yet the applicant's representative.

Form of order sought

The applicant claims that the Civil Service Tribunal (CST) should:

— annul the decision, whatever its form, which brought about the rejection by the European Commission of the request of 30 October 2009 sent by the applicant to the appointing authority;

— annul the note of 11 November 2009 (ADMIN.B.2/MB/1sD(09)29814);

— in so far as is necessary, annul the Commission's rejection of the applicant's complaint to the appointing authority, dated 25 January 2010, against the decision rejecting the request of 30 October 2009; annul that decision; and uphold the request of 30 October 2009;

— in so far as is necessary, annul Note HR.D.2/MB/1s Ares (2010) 251054, dated 10 May 2010, written in French and received by the applicant on 17 May 2010 enclosed with the attached translation of the note in Italian;

— order the Commission to make reparation for the damage unjustly suffered by the applicant as a result of the fact that the note of 10 August 2009 (ADMIN.B.2/MB/ksD(09)20658) was sent by the Commission to Giuseppe Cipressa, avvocato, by paying to the applicant the sum of EUR 10 000, or such other sum — whether greater or smaller — as the CST may consider just and equitable;

— order the Commission to pay to the applicant, with effect from the date following that on which the request of 30 October 2009 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum at the rate of 10 % per annum, with annual capitalisation;
EN Official Journal of the European Union C 246/41

Action brought on 27 may 2010 — Stratakis/Commission

(Case F-37/10)

()

2010/C 246/71

Language of the case: English

Parties

Applicant: Sofoklis Stratakis (Athens, Greece) (represented by: F. Sigalas, lawyer)

Defendant: European Commission

The subject matter and description of the proceedings

The annulment of the decision of the selection board for open competition EPSO/AD/129/08 not to include the name of the applicant on the reserve list published in the Official Journal of the European Union.

Form of order sought

The applicant claim that the Court should:

— Annul the decision of July 30, 2009, of the selection board for open competition EPSO/AD/129/08 not to include his name on the reserve list published in the Official Journal of the European Union.
EN Official Journal of the European Union C 13/40

Action brought on 1 October 2010 — Dricot-Daniele and Others v Commission

(Case F-92/10)

()

2011/C 13/80

Language of the case: French

Parties

Applicants: Luigia Dricot-Daniele (Overijse, Belgium) and Others (represented by: C. Mourato, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the applicants’ correcting pay slips for the period from July to December 2009 and the pay slips issued after 1 January 2010 in the context of the annual adjustment of remuneration and pensions of officials and other servants on the basis of Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Form of order sought

— Annul the applicants’ RG 2009 pay slips, their pay slips of January 2010 and their subsequent pay slips, since those pay slips apply an adjustment rate of 1,85 %, while preserving the effect of those pay slips until the adoption of fresh pay slips;
—

as a consequence of that annulment, undertake a further comparative examination of the merits of the applicant and those of the other candidates under the 2009 promotion exercise and promote the applicant to AD10 with retroactive effect from 1 March 2009 together with the payment of interest on the arrears of pay at the rate applied by the European Central Bank for its main refinancing operations, from 1 March 2009, increased by 2 points, without however challenging the promotion of the other officials promoted whose names appear on the list published on 20 November 2009;
—

Annulment of the implied decision rejecting the applicant’s request of 1 October 2009 and, if required, of the IDOC letter/decision of 3 November 2009 and of the letter from the Director-General of the Human Resources Directorate General of the European Commission of 22 March 2010;
EN Official Journal of the European Union C 13/42

Action brought on 7 October 2010 — Cervelli v Commission

(Case F-98/10)

()

2011/C 13/83

Language of the case: French

Parties

Applicant: Francesca Cervelli (Brussels, Belgium) (represented by: J. R. García-Gallardo Gil-Fournier and M. Arias Díaz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision refusing to grant the applicant the expatriation allowance.

Form of order sought

The applicant claims that the Tribunal should:

— declare the Commission's rejection decision of 30 June 2010 null and void;
—

Annul the election of the representative of all EIB staff declared by the EIB polling station on 8 December 2010 and the decision of 10 December 2010 of the EIB polling station rejecting the complaint made by the applicant on 9 December 2010 pursuant to Article 17 of Annex IV to the Convention on the Representation of the Staff of the EIB;
—

Recognise and declare the right of the applicant to reimbursement of legal costs and, consequently, order the payment of the sum of EUR 24 480.
—

order the Commission to make reparation for the damage unjustly suffered by the applicant as a result of each of the decisions in respect of which annulment is sought, in particular as a result of the cumulative effect of those decisions, by paying to the applicant the sum of EUR 1 000, or such greater or lesser sum as the Tribunal may consider fair and just;
—

Annul the decision of the European Commission of 12 October 2010 rejecting the applicant’s complaint against the decisions of 12 April 2010 to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union (CEOS) and 16 April 2010 not to grant him entitlement to an invalidity allowance;
—

Annul the decision contained in the e-mail message of January 11, 2011 of EU Special Representative and Head of the EU Delegation to Afghanistan ordering the Applicant to relocate on January 14, 2011 to the residential compound in Kabul, Afghanistan;
—

Order the Commission to pay compensation for the material damage arising from the decision not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre in Ispra as technical assistant offered to him by the Commission by decision contained in the letter of 30 July 2010; the damage is assessed on a provisional basis as the difference between the total actual remuneration received by the applicant in his position as temporary agent with the Joint Research Centre and that to which he would have been entitled if he had been engaged in due time following his acceptance of the offer of a post as official in step 1 of Grade AST 3, together with late payment interest.
—

annul — in so far as it provided that the applicant was to be paid, as indeed he was paid, the sum of EUR 10 682,29 — the decision into which the draft decision of 2 June 2010 was converted upon expiry of the period laid down by law for the notification of the draft decision to the applicant without the applicant having had the opportunity to consult the Medical Committee;
EN Official Journal of the European Union C 319/30

Action brought on 1st August 2011 — ZZ v European Central Bank

(Case F-78/11)

2011/C 319/64

Language of the case: English

Parties

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

Defendant: European Central Bank

The subject matter and description of the proceedings

The annulment of the decision terminating the Appellant’s contract due to a disciplinary proceeding concluded with the issuing of a written reprimand.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the ECB Executive Board’s decision of 20 May 2011, received on 23 May 2011, terminating the Appellant’s contract with effect on 31 October 2011;

— compensate the Appellant’s material prejudice as from 31 October 2011;

— compensate the Appellant’s moral prejudice evaluated at 10 000 euros;
EN Official Journal of the European Union C 252/56

Action brought on 21 April 2011 — ZZ v Commission

(Case F-51/11)

2011/C 252/124

Language of the case: Greek

Parties

Applicant: ZZ (represented by: P. Giatagantzidis and K. Kyriazi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the EPSO decision to re-open the EPSO/AD/77/06 open competition and to invite the applicant to participate again in the first stage of that competition.

Form of order sought

The applicant claims that the Tribunal should:

— annul the EPSO decision to re-open the competition;

— annul the EPSO decision of 11 March 2011;
—

Annul the staff report for the period from 1 January to 31 December 2007; in the alternative, annul the note of 9 September 2009 established following the annulment of the previous staff report covering the same period;
—

Annulment of the Appointing Authority’s decision of 17 May 2011 rejecting the applicants’ request of 17 January 2011 for, first, payment of the allowance for shiftwork provided for in Article 1 of Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976, as most recently amended by Council Regulation (EC, Euratom) of 11 December 2006, and, second, compensation for the damage caused by the Appointing Authority’s failure to reply to their first or to their second request within the statutory time-limit and its failure to indicate the available remedies in the express rejection which caused the loss of their chance to succeed in legal proceedings;
—

order the Commission to transfer to the applicant the sum of EUR 60 per day for each additional day which, from the 181st day after 1 July 2011, passes while the abovementioned abstention persists, up until the 270th day after 1 July 2011, it being necessary for that sum of EUR 60 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;
—

order the defendant to pay, as damages for material and non-material damage and harm to the applicant’s career, a sum of EUR 15 000, subject to increase or reduction in the course of the proceedings, together with interest at the annual rate of 7 % from the date of this action;
EN Official Journal of the European Union C 65/25

Action brought on 22 December 2011 — ZZ v Commission

(Case F-139/11)

2012/C 65/48

Language of the case: French

Parties

Applicant: ZZ (represented by: Ph.-E. Partsch and E. Raimond, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment, first, of the decision of OLAF’s Director-General containing a final invitation to a hearing of the applicant in the framework of an internal investigation and stating that a final report on the investigation would be adopted on the basis only of the information collected and analysed unilaterally by OLAF, if the applicant did not accept the invitation and, second, of the letter rejecting his complaint.

Form of order sought

— Annul the decision of 28 October 2011;

— Annul the letter of 2 December 2011 ruling on the complaint of 21 November 2011;

— Award the applicant compensation in the sum of EUR 6000 in damages with interest;
EN Official Journal of the European Union C 65/21

Action brought on 29 November 2011 — ZZ v Commission

(Case F-127/11)

2012/C 65/39

Language of the case: French

Parties

Applicant: ZZ (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the jury’s decision not to add the applicant’s name to the reserve list in open competition EPSO/AD/177/10

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the jury's decision of 3 February 2011 not to add the applicant’s name to the reserve list in open competition EPSO/AD/177/10;

— annul the jury's decision of 4 April 2011 confirming its decision of 3 February 2011 not to add the applicant's name to the reserve list in open competition EPSO/AD/177/10;

— annul EPSO’s decision of 29 August 2011 rejecting the appeal brought by the applicant on the basis of Article 90(2) of the staff regulations;
—

Order the EESC to reimburse the applicant for the expatriation allowance recovered with effect from 1 July 2010 and to pay expatriation allowance which has not been paid since 9 June 2011, all together with late payment interest at the rate of the European Central Bank increased by two points;
—

Annul the letter of 20 December 2011 in so far as the President of the EIB, in addition to not adopting any provision on the mobbing to which the applicant has been subjected for 20 years, claimed that he could threaten the applicant in order to force him to accept submissively all his acts of bullying and the acts of oppression to which he is subjected on a daily basis, starting with the abandonment of a third of the appeals brought before the Committee of Inquiry;
—

Order the Commission to pay to the applicant the sum of EUR 10 per day for each additional day which, with effect from tomorrow and ad infinitum, passes while the failure on the part of the Commission to pay to the applicant the abovementioned sum of EUR 3 174,87 or, at the very least, to adopt an express position in relation to the application of 4 January 2011 persists, it being necessary for that sum of EUR 10 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;
—

Annul the decisions annulling and replacing the proposals for transfer of the applicants’ pension rights pursuant to their application under Article 11(2) of Annex VIII to the Staff Regulations, which contain a new proposal calculated on the basis of the general implementing provisions adopted on 3 March 2011;
—

annul the decision rejecting the pre-litigation complaint regarding its vexatious and hurtful nature, to the point of causing non-material damage equivalent to 10 days pay without prejudice at EUR 2 500, calculated on the bases of 1/30th of the monthly remuneration per day compensated;
—

Annul each of the decisions, if and to the extent that, ultraque incerta sunt, they exist, on the basis of which the Commission unlawfully deducted from each monthly instalment of the invalidity allowance to which the applicant was entitled for the months of June to September 2011 sums totalling EUR 1 661, and annul the decisions, if and to the extent that they exist, to make those deductions;
—

in so far as necessary, annul the decision rejecting his complaint of 15 June 2012 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 12 September 2011 of the Secretariat General of the Council and the decision of the Appointing Authority of 18 April 2012 not to include the applicant in the list of officials eligible for promotion;