ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 34/53

Action brought on 18 November 2014 — ZZ v Commission

(Case F-134/14)

(2015/C 034/65)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decision to exclude the existence of harm arising from the delay taken by the Commission to establish the occupational origin of the applicant’s sickness and to pay her only the amount of EUR 2 000 as compensation for the uncertainty as regards recognition of the occupational origin of her illness and the claim for damages for the non-material harm allegedly suffered.

Form of order sought

— Annul the decision of the European Commission of 8 August 2014, received by registered post on 1 October 2014 by the applicant, rejecting her complaint of 24 April 2014;

— As far as necessary, annul the decision of the European Commission of 3 February 2014, which only partially granted the applicant’s request for compensation of 16 October 2013;

— Order compensation for the non-material harm assessed ex aequo et bono at EUR 20 000;
EN Official Journal of the European Union C 26/45

Action brought on 9 October 2014 — ZZ v Commission

(Case F-106/14)

(2015/C 026/59)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decision, pursuant to Article 7 of Annex V to the Staff Regulations of Officials, 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, to allocate the applicant, from 1 January 2014, only 2.5 days of additional leave in respect of ‘home leave’ instead of granting him ‘travelling time’ of 5 days, to which he was previously entitled.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Commission’s decision resulting from the ‘Rights’ page of the SYSPER site and confirmed by Commission Decision No R/396/14 of 2 July 2014 rejecting a complaint, to allocate the applicant, from 1 January 2014, 2.5 days of additional leave in respect of ‘home leave’ instead of 5 days ‘travelling time’, to which he was entitled previously, on the basis of the first paragraph of Article 7 of Annex V to the Staff Regulations of Officials of the European Union, 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 of the European Union and the Conditions of Employment of Other Servants of the European Union;
EN Official Journal of the European Union C 127/44

Action brought on 16 February 2015 — ZZ v Parliament

(Case F-26/15)

(2015/C 127/62)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

The annulment of the decision to reject the applicant’s application to pay him the installation allowance, following his move from Yemen to Brussels, where his wife, from whom he is separated, lives and application to order the defendant to pay the applicant that installation allowance plus interest.

Form of order sought

— Annul the contested decision of 15 April 2014;

— As necessary, annul the decision of the Secretary-General of the European Parliament of 17 November 2014;

— Order the European Parliament to pay the applicant the installation allowance equal to one month’s basic salary plus interest calculated from the dates on which those sums were due under Annex VII of the Staff Regulations;
—

order the defendant to pay the applicants the arrears of remuneration corresponding to an adjustment of their salaries and pensions at the rate of 1,7 % in 2011 and 2012, in damages for the financial material loss, together with interest for delayed payment at the European Central Bank rate plus 2 points, from the date of the judgment to be delivered;
—

Declare that the appointing authority’s decision of 18 June 2014 not to cover certain non-medical expenses which are not reimbursed by the JSIS, resulting from the disability of the applicant’s son, is unlawful;
EN Official Journal of the European Union C 146/52

Action brought on 27 February 2015 — ZZ and ZZ v Court of Justice

(Case F-36/15)

(2015/C 146/74)

Language of the case: French

Parties

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

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Application for annulment of the decisions fixing 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

The applicants claim that the Tribunal should:

— annul the applicants’ salary slips in respect of July 2014 in so far as they apply for the first time Article 8 of Annex VII to the version of the Staff Regulations in force since 1 January 2014 in order to fix the reimbursement of their travel expenses;
EN Official Journal of the European Union C 221/27

Action brought on 18 March 2015 — ZZ v Commission

(Case F-44/15)

(2015/C 221/36)

Language of the case: Italian

Parties

Applicant: ZZ (represented by: G. Bellotti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision to appoint a person other than the applicant as head of the unit C4 (‘Legal Advice’), the applicant having acted as head of that unit since the departure of the previous head of unit and having submitted an application in response to the vacancy notice for that post.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision, under the reference Ares (2015)43686, of 7 January 2015, dismissing the complaint brought on 30 September 2014 (No R/994/14) under Article 90(2) of the Staff Regulations;

— annul the decision of 30 June 2014 adopted by the Director General of OLAF, acting as the appointing authority, in relation to the appointment of the head of the unit OLAF.C4 (Legal Advice);

— declare that, by virtue of the annulment of the two abovementioned decisions, the procedure for the selection of the head of the unit OLAF.C4 (Legal Advice) is vitiated by illegality as of the time when the illegal act was found to have been committed;

— order the European Commission to pay compensation — to be assessed on equitable principles — in respect of the harm suffered by the applicant connected with the loss of an opportunity, of at least EUR 10 000;
EN Official Journal of the European Union C 190/39

Action brought on 8 April 2015 — ZZ v Court of Justice

(Case F-53/15)

(2015/C 190/47)

Language of the case: French

Parties

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

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Annulment of the AECE’s decision establishing the applicant’s rights to reimbursement of the annual travel expenses from the year 2014 onwards, under Article 8 of Annex VII of the Staff Regulations, as amended by Regulation No 1023/2013 of the Parliament and of the Council of 22 October 2013, amending the Staff Regulations and the CEOS.

Form of order sought

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

— annul the decision fixing the amount of the reimbursement of the annual travel expenses granted to the applicant for the year 2014;
EN Official Journal of the European Union C 279/58

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

(Case F-80/15)

(2015/C 279/74)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

A finding of the unlawfulness of Article 45 of and Annex I to the Staff Regulations of Officials and the transitional measures relating thereto, and annulment of the decisions of the Appointing Authority not to include the applicants on the list of officials promoted to grade AD 13 or AD 14 in promotion year 2014.

Form of order sought

— Principally: — Find that Article 45 of the Staff Regulations and Annex I thereto, as well as the transitional measures relating thereto are unlawful; — Annul the decision of the Appointing Authority not to include the applicants on the list of officials promoted to grade AD 13 or AD 14 in promotion year 2014 provided for in Article 45 of the Staff Regulations; — Order the Commission to pay the costs;
EN Official Journal of the European Union C 245/50

Action brought on 4 May 2015 — ZZ v ECDC

(Case F-71/15)

(2015/C 245/62)

Language of the case: French

Parties

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

Defendant: European Centre for Disease Prevention and Control (ECDC)

Subject-matter and description of the proceedings

Application for annulment of the appeal assessor’s decision establishing the definitive version of the applicant’s staff report in respect of 2013.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appeal assessor’s decision establishing the definitive version of the applicant’s staff report in respect of 2013;
EN Official Journal of the European Union C 320/57

Action brought on 18 August 2015 — ZZ v Commission

(Case F-118/15)

(2015/C 320/79)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision not to promote the applicant under the 2014 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 14 November 2014 publishing the list of officials promoted under the 2014 promotion procedure in so far as it does not include the applicant’s name;
EN Official Journal of the European Union C 294/83

Action brought on 26 June 2015 — ZZ v Commission

(Case F-92/15)

(2015/C 294/100)

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

Action seeking annulment of both the decision to reassess the applicant’s partial permanent invalidity rate and the decision partially rejecting the applicant’s complaint, and claim for compensation for the material and non-material harm which the applicant claims to have suffered.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 6 October 2014 to the extent that it fixes the applicant’s partial permanent invalidity rate at only 68,5 %;

— annul the decision of 18 March 2015 partially rejecting the applicant’s complaint of 13 January 2015;

— order the Commission to pay compensation for the financial loss suffered by the applicant;

— order the Commission to pay compensation for the non-material harm suffered by the applicant, assessed at EUR 1 10 000;
EN Official Journal of the European Union C 414/42

Action brought on 25 September 2015 — ZZ and Others v Court of Justice

(Case F-126/15)

(2015/C 414/53)

Language of the case: French

Parties

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

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Payment of compensation to the applicants for the material harm they have incurred on account of the loss of their pension rights acquired in the national system following the transfer of those rights to the pension scheme of the European Union.

Form of order sought

The applicants claim that the Tribunal should:

— order the Court of Justice to pay the sums referred to in the application to any fund or insurance policy in the applicants’ names;

— in the alternative, order the Court of Justice to pay EU 61 121,08 to ZZ, EUR 1 29 440,98 to [another applicant], EUR 76 324,29 to [another applicant] and EUR 99 565,13 to [another applicant], those sums to be paid together with interest calculated at a rate of 3,1 % per annum from the date of the transfer of the applicants’ pension rights to the PSEUI;

— in the further alternative, declare that the Court of Justice acted negligently when it transferred the applicants’ pension rights;
EN Official Journal of the European Union C 354/55

Action brought on 31 July 2015 — ZZ v Commission

(Case F-111/15)

(2015/C 354/66)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to refuse the applicant and his spouse reimbursement of the costs concerning three invoices for medical treatment and treatment relating to the cancer from which she is suffering.

Form of order sought

— Annul the decision refusing reimbursement of itemised accounts 67, 68 and 72 concerning the healthcare expenses incurred by the applicant’s spouse;
—

Annul the defendant’s decision concerning the marks received by the applicant for 2014, including the decision concerning the increase in remuneration, the payment of a bonus and the promotion relating to those marks, and the staff report for 2014 based thereon, including both the part concerning the applicant’s performance in 2014 and the part concerning the objectives set for him for 2015;
EN Official Journal of the European Union C 27/77

Action brought on 30 October 2015 — ZZ v Council

(Case F-137/15)

(2016/C 027/99)

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

Annulment of the final decisions to transfer the applicant’s pension rights to the European Union pension scheme, which apply 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:

— annul the decisions of 5 and 7 January 2015 and the decision of 23 February 2015 calculating the bonus on the applicant’s pension rights acquired prior to taking up his position at the Council;

— annul, so far as necessary, the decision of 23 July 2015 rejecting the applicant’s complaint seeking the application of the general implementing provisions and the actuarial reference rate in force at the time of his application for the transfer of his pension rights;
—

Annul the decision of 27 March 2015 of the Appointing Authority not to include the applicant’s name in the list of officials selected to participate in the training programme for the certification exercise of 2014;
EN Official Journal of the European Union C 251/51

Action brought on 13 May 2016 — ZZ v Commission

(Case F-24/16)

(2016/C 251/60)

Language of the case: French

Parties

Applicant: ZZ (represented by: F. Moyse, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the request for the defendant to provide the applicant with the revised calculation of the latter’s financial entitlements following his resignation from the Commission in 2000.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Commission’s decision of 15 March 2016 rejecting the applicant’s complaint;
EN Official Journal of the European Union C 145/38

Action brought on 29 January 2016 — ZZ and Others v EEAS

(Case F-6/16)

(2016/C 145/46)

Language of the case: French

Parties

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

Defendant: European External Action Service

Subject-matter and description of the proceedings

The annulment of the applicants’ salary slips in respect of March 2015 and those drawn up afterwards in so far as they apply the EEAS’ decision to reduce the allowance for living conditions from 15 % to 10 %.

Form of order sought

The applicants claim that the Tribunal should:

— declare the decision of the EEAS Chief Operating Officer dated 23 February 2015 inapplicable to the applicants;

— as a result, annul their salary slips in respect of March 2015, and those drawn up afterwards in so far as those salary slips apply an ALC of 10 %;
—

annul the decision of the Head of Unit of EPSO’s Selection Committee of 18 February 2015 informing her that her application for the role of secretary (No EPSO/ASTSC/01/14) was rejected because of the fact that the applicant was not in possession of the diploma and professional experience giving her access to the competition concerned;
—

Annul the Commission’s decision not to adopt the measures to comply with the judgment in Case F-96/13 and the decision of 22 December 2015 to reassign the applicant, in the interest of the service, from the EU delegation to the West Bank and the Gaza Strip (East Jerusalem) to the Directorate-General for Mobility and Transport (MOVE) in Brussels with retroactive effect from 1 January 2013, a merely confirmatory decision which has already been implemented for over almost 3 years;
EN Official Journal of the European Union C 22/53

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2007 — Soares v Commission

(Case F-130/05) (1)

(Staff case - Officials - Reconstitution of career - Absence of staff reports - Comparative examination of merits - Request under Article 90(1) of the Staff Regulations - Admissibility of the action - New and substantial fact)

(2008/C 22/99)

Language of the case: French

Parties

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

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and K. Herrmann)

Re:

Annulment of the decision of the appointing authority of 19 September 2005 rejecting the applicant's claim for a favourable reconstitution of his career.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 60 of 11.3.2006, p. 57.
EN Official Journal of the European Union C 252/47

Judgment of the Civil Service Tribunal (3rd Chamber) of 15 June 2011 — de Brito Sequeira Carvalho v Commission

(Case F-17/05 REV)

(Civil service - Application for revision of a judgment - No new facts - Application inadmissible)

2011/C 252/98

Language of the case: French

Parties

Applicant: José Antonio de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: N. Kanyonga Mulumba and M. Boury, lawyers)

Defendant: European Commission (represented by: D. Martin, Agent)

Re:

Action by the applicant for revision of a judgment delivered by the Third Chamber of the Civil Service Tribunal on 13 December 2006 in Case F-17/05

Operative part of the judgment

The Tribunal:

1. Dismisses the application as inadmissible;
EN Official Journal of the European Union C 285/54

Judgment of the Civil Service Tribunal (Second Chamber) of 25 September 2008 — Guido Strack v Commission

(Case F-44/05) (1)

(Staff case - Officials - Recruitment - Vacancy notice - Rejection of candidature - Action for annulment and for damages - Admissibility - Interest in bringing proceedings - Retirement - Preselection comittee - Composition - Temporal application of new provisions - Independence - Impartiality - Notification of a decision)

(2008/C 285/96)

Language of the case: French

Parties

Applicant: Guido Strack (Cologne, Germany) (represented by: J. Mosar initially, then by M. Wehrheim, then by F. Gengler, lastly by P. Goergen, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid and H. Kraemer, acting as Agents)

Re:

Application for annulment of the Commission's decision to reject the applicant's candidature for the post of head of the ‘Calls for tender and contracts’ unit and to appoint another candidate to that post and, secondly, an application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the application for annulment of the decision to appoint Mr A to the post of head of the ‘Calls for tender and contracts’ unit of the Publications Office of the European Communities as inadmissible;

2. Annuls the decision to reject the candidature of Mr Strack for the post of head of the ‘Calls for tender and contracts’ unit of the Publications Office of the European Communities;

3. Orders the Commission of the European Communities to pay the applicant EUR 2 000 by way of damages;

4. Dismisses the action as to the remainder;

5. Orders Mr Strack to bear half of his own costs;

6. Orders the Commission of the European Communities to pay its own costs and half of the costs incurred by Mr Strack.

(1) OJ C 205, 20.8.2005. p. 28 (Case initially registered before the Court of First Instance of the European Communities under number T-225/05 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 209/69

Judgment of the Civil Service Tribunal (Second Chamber) of 21 February 2008 — Semeraro v Commission

(Case F-19/06) (1)

(Staff cases - Officials - Appraisal - Career development report - 2003 appraisal procedure - Article 43 of the Staff Regulations - Obligation to state reasons - Promotion - Attestation procedure)

(2008/C 209/124)

Language of the case: French

Parties

Applicant: Maria Magdalena Semeraro (Brussels, Belgium) (represented by: L. Vogel, lawyer)

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

Re:

Application for annulment of the Appointing Authority's decision of 8 November 2005 rejecting the applicant's complaint against her Career Development Report for 2004

Operative part of the judgment

The Tribunal:

1. Annuls Ms Serrano's career development report covering the period from 1 January to 31 December 2004;

2. Orders the Commission of the European Communities to pay all the costs.

(1) OJ C 108, 6.5.2006, p. 30.
EN Official Journal of the European Union C 22/54

Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2007 — Basili v Commission

(Case F-108/06) (1)

(Staff case - Officials - Assessment - Career development report - Assessment year 2004 - Action for annulment - Staff representatives - Opinion of the ad hoc working party)

(2008/C 22/103)

Language of the case: French

Parties

Applicant: Tamara Diomede Basili (Brussels, Belgium) (represented: initially by T. Bontinck and J. Feld, lawyers, then by T. Bontinck, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and H. Kraemer, agents)

Re:

Annulment of the career development report notified to the applicant on 10 November 2005, in so far as it did not take into account the opinion of the ‘ad hoc working party and the staff representatives' suggestions for promotion’.

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 261 of 28.10.2006, p. 37.