ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 388/29

Action brought on 23 July 2014 — ZZ v Commission

(Case F-72/14)

2014/C 388/36

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Ortiz Blanco and A. Givaja Sanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the selection board of the competition not to admit the applicant to internal competition COM/3/AD 9/13 because she was not a ‘member of the temporary staff of the Commission’ which is a condition for eligibility.

Form of order sought

— Annul the decision of 18 September 2013, confirmed on 22 October 2013, not to admit the applicant to competition COM/3/AD 9/13;

— Annul, in so far as necessary, the decision dated 11 April 2014 and served on the applicant on 14 April 2014 rejecting the claim of 17 December 2013;
EN Official Journal of the European Union C 7/61

Action brought on 16 November 2014 — ZZ v Commission

(Case F-131/14)

(2015/C 007/80)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision not to increase the salary of the applicant, who is a member of the contract staff, following the increase in working hours to 40 hours a week as a result of the entry into force of the new Staff Regulations on 1 January 2014.

Form of order sought

The applicant claims that the Tribunal should:

— Annul his salary slip in respect of January 2014 in so far as it records and lays down discrimination in terms of salary between himself and a colleague who, working in the same sector as he is and with less responsibility than him, is better paid in terms of gross salary than he is;
—

Annul the decisions to credit the pension rights acquired by the applicants before taking up their duties, in the context of the transfer of those rights in the EU institutions’ pension scheme, 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 7/54

Action brought on 13 October 2014 — ZZ v Commission

(Case F-109/14)

(2015/C 007/66)

Language of the case: Italian

Parties

Applicant: ZZ (represented by: L.M. Ribolzi, lawyer)

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision refusing a request for the survivor’s pension paid to the divorced wife of a deceased official to be increased.

Form of order sought

ZZ claims that the Tribunal should:

— order the Commission to pay ZZ 35 % of the deceased’s survivor’s pension — amounting to EUR 2 857,40 at the time of death — with effect from the date of death, together with any interest accrued on the amounts withdrawn in the meantime;
—

order compensation for the material damage consisting of the loss of an opportunity to obtain an additional salary increase in 2014 evaluated at EUR 51 962 or, alternatively, annulment of the procedure leading up to the decision of 25 February 2014 and the organisation by the ECB of a new procedure for granting additional salary increases for 2014;
—

Annul the decision of 17 February 2014 to calculate the annuities recognised in the pension scheme of the institutions of the European Union on the transfer of her pension rights in that scheme, under 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 26/47

Action brought on 17 October 2014 — ZZ and Others v Commission

(Case F-112/14)

(2015/C 026/62)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions of the appointing authority to classify the applicants, in accordance with the new rules on career and promotion applicable after the reform of the Staff Regulations of 1 January 2014, in the type of post ‘Senior Administrator in transition’, depriving them, in their opinion, of the opportunity of promotion to grade AD 14, and a declaration that Article 30(3) of Annex XIII to the Staff Regulations is unlawful.

Form of order sought

The applicants claim that the Tribunal should:

— annul the decisions classifying the applicants in the type of post ‘Senior Administrator in transition’;

— declare that Article 30(3) of Annex XIII to the Staff Regulations is unlawful;
—

Annul the subsequent decision of the appointing authority, notified on 24 June 2014, not to include the applicant on the list of officials proposed for promotion to grades AD 13 in the context of the 2014 annual promotion exercise provided for Article 45 of the Staff Regulations, to the extent that that decision does not consider the applicant as having special responsibilities resulting in his categorisation in a role of ‘Head of Unit or equivalent’ or ‘Advisor or equivalent’ by treatment in the same way as the categorisation made for officials being seconded to the cabinets in accordance with the Commission Communication of 18 December 2013;
EN Official Journal of the European Union C 96/28

Action brought on 2 February 2015 — ZZ and Others v Commission

(Case F-18/15)

(2015/C 096/36)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions to change the description of the type of post held by the applicants in the Sysper 2 application and/or not to include them in the list of officials proposed for promotion to grades AD 13 and AD 14 in the context of the promotion round for 2014.

Form of order sought

The applicants claim, primarily, that the Tribunal should:

— declare Article 45 of the Staff Regulations, Annex I thereto and the corresponding transitional measures to be unlawful;

— annul the decision of the appointing authority of 14 April 2014 to amend the applicants’ promotion files in the ‘Sysper 2’ system in order to block any possibility of their promotion;

— annul the subsequent decision of the appointing authority, notified on 24 June 2014, not to include the applicants in the list of officials proposed for promotion to grades AD 13 and AD 14 in the context of the annual promotion round for 2014 provided for in Article 45 of the Staff Regulations;

— order the Commission to pay the costs.

In the alternative, the applicants claim that the Tribunal should:

— annul the decision of the appointing authority of 14 April 2014 to amend the applicants’ promotion files in the ‘Sysper 2’ system in order to block any possibility of their promotion;

— annul the subsequent decision of the appointing authority, notified on 24 June 2014, not to include the applicants in the list of officials proposed for promotion to grades AD 13 and AD 14 in the context of the annual promotion round for 2014 provided for in Article 45 of the Staff Regulations;
EN Official Journal of the European Union C 190/36

Action brought on 27 March 2015 — ZZ v OHIM

(Case F-48/15)

(2015/C 190/42)

Language of the case: French

Parties

Applicant: ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Office for Harmonisation in the Internal Market (OHIM)

Subject-matter and description of the proceedings

Annulment of the applicant’s staff report for 2013 and the recovery plan adopted on the basis of that report, together with a claim for damages in respect of the non-pecuniary loss allegedly suffered.

Form of order sought

— Annul the staff report drawn up concerning the applicant for 2013;

— Annul the recovery plan adopted on the basis of the staff report;

— Order OHIM to pay compensation in respect of the non-pecuniary loss suffered by the applicant, assessed at EUR 10 000, reserving the right to increase or reduce that sum during the proceedings;
EN Official Journal of the European Union C 146/52

Action brought on 24 February 2015 — ZZ v Commission

(Case F-35/15)

(2015/C 146/73)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision not to take further action on the request for assistance made by the applicant even though he was under investigation for misappropriation of funds accruing to the Community budget.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the appointing authority of 21 November 2014, received on 3 December 2014, rejecting complaint No R/865/14 submitted by the applicant on 5 August 2014;

— order the European Commission to pay the sum of EUR 17 242,51, to be adjusted if necessary;
EN Official Journal of the European Union C 221/28

Action brought on 23 April 2015 — ZZ v OHIM

(Case F-63/15)

(2015/C 221/38)

Language of the case: German

Parties

Applicant: ZZ (represented by: Heinrich Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Subject-matter and description of the proceedings

Action for annulment of the defendant’s decision of 4 June 2014 to terminate the applicant’s contract of employment pursuant to a clause in that contract of employment.

Form of order sought

The applicant claims that the Tribunal should:

— set aside the determination of OHIM, which was communicated by letter from OHIM dated 4 June 2014, to terminate the applicant’s contract as a temporary member of staff at OHIM with a notice period of six months, which began on 4 June 2014;

— order OHIM to pay to the applicant damages of an appropriate amount at the discretion of the Tribunal for the non-material damage arising from the decision of OHIM referred to in paragraph 1 above;

— order OHIM to reinstate the applicant with full restoration of her career advancements which she would have achieved upon continuous further employment and order OHIM to compensate the applicant fully for the material damage suffered by her, in particular by paying all outstanding salary and all other material damage 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 caused to the applicant by the unlawful termination of her employment, corresponding to the difference between her actual 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 213/46

Action brought on 17 April 2015 — ZZ and ZZ v Commission

(Case F-56/15)

(2015/C 213/74)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of decisions reducing the correction coefficient applicable to the pensions of the applicants, who reside in Denmark, as is apparent from their pension slips of June 2014 and the compensation for the non-pecuniary loss allegedly incurred as a result of discrepancies and contradictions in the information used to justify the contested decisions.

Form of order sought

— Annul the decisions contained in the pension slips of June 2014 by which the correction coefficient applicable to the applicants’ pensions is reduced from 1 January 2014;
EN Official Journal of the European Union C 279/57

Action brought on 26 May 2015 — ZZ v ECB

(Case F-79/15)

(2015/C 279/73)

Language of the case: French

Parties

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

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the decision of the European Central Bank to close the procedure for recognition of the occupational source of the applicant’s disease and claim for damages in respect of the material and non-material harm allegedly suffered.

Form of order sought

— Annul the contested decision;

— Order the European Central Bank to pay her EUR 30 000 in respect of the material and non-material harm suffered;
EN Official Journal of the European Union C 262/42

Action brought on 26 May 2015 — ZZ and ZZ v Commission

(Case F-81/15)

(2015/C 262/57)

Language of the case: French

Parties

Applicants: ZZ and ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

A declaration of the unlawfulness of Article 45 of and Annex I to the Staff Regulations of Officials and the annulment of the decisions of the Appointing Authority not to include the applicants on the list of officials promoted to grade AST 10 in promotion year 2014.

Form of order sought

— Principally, declare the unlawfulness of Article 45 of the Staff Regulations and that of Annex I thereto, together with the transitional measures relating thereto;

— Annul the decision of the Appointing Authority of 14 November 2014 not to include the applicants on the list of officials promoted to grade AST 10 in promotion year 2014 provided for in Article 45 of the Staff Regulations;

— Order the Commission to pay the costs;

— In the alternative, annul the decision of the Appointing Authority of 14 November 2014 not to include the applicants on the list of officials promoted to grade AST 10 in promotion year 2014 provided for in Article 45 of the Staff Regulations;
EN Official Journal of the European Union C 328/37

Action brought on 17 August 2015 — ZZ v OHIM

(Case F-116/15)

(2015/C 328/35)

Language of the case: German

Parties

Applicant: ZZ (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Subject-matter and description of the proceedings

Annulment of the decision to transfer the applicant from the department ‘International Cooperation and Legal Affairs’ to the department ‘Operations’

Form of order sought

— Annul OHIM’s decision of 2 October 2014 to transfer the applicant from the ‘International Cooperation and Legal Affairs’ department to the ‘Operations’ department;
EN Official Journal of the European Union C 302/70

Action brought on 9 July 2015 — ZZ v EESC

(Case F-102/15)

(2015/C 302/87)

Language of the case: French

Parties

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

Defendant: European Economic and Social Committee (EESC)

Subject-matter and description of the proceedings

Application for annulment of the decisions of the EESC rejecting the applicant’s request for access to documents and for damages in respect of the non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decisions of 10 September 2014 and 19 November 2014 rejecting the applicant’s request of 12 June 2014 for access to documents, supplemented by the requests of 23 September, 20 and 30 October 2014;

— annul the decision of 27 March 2015, received on 31 March 2015, rejecting the applicant’s complaint of 1 December 2014;

— order payment of compensation in respect of the non-material harm allegedly suffered by the applicant, assessed at EUR 10 000;
EN Official Journal of the European Union C 414/43

Action brought on 30 September 2015 — ZZ and ZZ v Commission

(Case F-128/15)

(2015/C 414/55)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of either the proposal for the calculation, or the final calculation, of the number of years of pensionable service granted in the European Union pension scheme and corresponding to the applicants’ pension rights, acquired under national schemes, which they wish to transfer into the European Union pension scheme, pursuant to the new general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations.

Form of order sought

The applicants claim that the Tribunal should:

— annul the decisions of 30 April 2015, of 1 July 2015 and of 6 July 2015 fixing the amount credited to the Community pension scheme in respect of the applicants’ pension rights acquired prior to their entry into service at the Commission;
EN Official Journal of the European Union C 398/79

Action brought on 21 September 2015 — ZZ v Commission

(Case F-123/15)

(2015/C 398/94)

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

Annulment of the decision of the selection board in competition EPSO/AD/293/14 not to award the applicant a sufficient number of points for admission to the assessment centre.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 11 June 2015 by which the selection board in competition EPSO/AD/293/14 refused to admit the applicant to the selection tests held at the assessment centre;
EN Official Journal of the European Union C 383/30

Action brought on 12 August 2016 — OT v Commission

(Case F-75/15)

(2016/C 383/39)

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 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 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;

— 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 59/52

Action brought on 23 December 2015 — ZZ v Commission

(Case F-151/15)

(2016/C 059/61)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision refusing to grant the applicant entitlement to the survivor’s pension 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 the Office for the Administration and Payment of Individual Entitlements of 13 or 14 April 2015 refusing to grant the applicant entitlement to the survivor’s pension;

— So far as necessary, annul the Commission’s decision of 15 September 2015 rejecting the applicant’s complaint of 15 June 2015;

— Order the payment of compensation in respect of material harm suffered by the applicant;

— Order the payment of compensation in respect of the non-material harm suffered by the applicant, assessed on equitable principles at EUR 5 000;
—

Annul the decision of the European Commission of 17 April 2015 refusing to re-grade the applicant on her transfer and to review her career at the European Commission from 16 June 2001 to 31 December 2010, despite the promotion from grade C4 (now AST 3) to grade C3 (now AST 4) granted to her by the European Parliament on 7 August 2009 with retroactive effect from 1 January 2000;
EN Official Journal of the European Union C 251/50

Action brought on 28 April 2016 — ZZ v Frontex

(Case F-21/16)

(2016/C 251/57)

Language of the case: English

Parties

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

Defendant: Frontex

Subject-matter and description of the proceedings

Annulment of the decision not to renew the applicant’s contract and the claim for damages for the loss of salary and pension rights.

Form of order sought

— Annul Frontex’s decision not to renew the applicant’s contract;

— Order Frontex to compensate for the applicant’s loss of salary and pension rights;
EN Official Journal of the European Union C 165/22

Action brought on 19 February 2016 — ZZ v Frontex

(Case F-12/16)

(2016/C 165/29)

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

Application for annulment of the decision not to renew the applicant’s contract as a member of the temporary staff and for damages for the harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the contested decision;

— grant the applicant the sum of EUR 12 000 in respect of the harm suffered in connection with the adoption of that decision;
—

Annul the decision of 19 May 2016, taken in response to the request for re-examination made by the applicant on 5 November 2015, by which the president of the selection board of competition EPSO/AST-SC/03/15 confirmed the decision to exclude him from that competition and, if necessary, the decision rejecting the appeal and the initial decision;
EN Official Journal of the European Union C 326/36

Action brought on 11 July 2016 — ZZ v Commission

(Case F-35/16)

(2016/C 326/61)

Language of the case: English

Parties

Applicant: ZZ (represented by: N. Flandin and S. Rodrigues, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision refusing to classify the applicant in a grade which would, in her view, correspond to her professional experience.

Form of order sought

— Annul the contested decision and, so far as necessary, the decision rejecting the complaint;
EN Official Journal of the European Union C 116/31

Judgment of the Civil Service Tribunal (Third Chamber) of 31 January 2008 — Wilms v Commission

(Case F-99/05) (1)

(Staff cases - Officials - Promotion - 2004 promotion exercise - Allocation of priority points - Application ratione temporis of provisions of the new staff regulations)

(2008/C 116/57)

Language of the case: French

Parties

Applicant: Günter Wilms (Brussels, Belgium) (represented by: M. van der Woude and V. Landes, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid and V. Joris, agents, and D. Slater, lawyer)

Re:

First, annulment of the decisions awarding promotion points to the applicant in respect of the 2004 promotion exercise and, second, annulment of the merit list of Grade A*10 officials promoted to Grade A*11 in the 2004 promotion exercise

Operative part of the judgment

The Tribunal:

1. Annuls the decision fixing the total of Mr Wilms' promotion points in the 2004 promotion exercise and the decision refusing him promotion in that exercise.

2. Dismisses the remainder of the action.

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

(1) OJ C 10, 14.1.2006, p. 25 (Case originally registered at the Court of First Instance of the European Communities under T-386/05 and transferred to the European Union Civil Service Tribunal by order of 15 December 2005).