ddrg/super_eurlex huggingface dataset:
—

Annul the decision of the authority empowered to conclude contracts of 11 April 2014, refusing the applicant’s request for reclassification of his contract as a member of the contract staff in function group I into a contract as a member of the temporary staff or, alternatively, into a contract as a member of the contract staff in function group III and the implied decision confirming the rejection of the complaint brought under Article 91(2) of the Staff Regulations;
—

Annul the decision of 16 January 2014 to credit the pension rights acquired by the applicant before his entry into service, in the context of the transfer of those pension rights into the pension scheme of the institutions of the European Union, 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 178/29

Action brought on 13 March 2015 — ZZ v Commission

(Case F-43/15)

(2015/C 178/33)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Commission recognising only a partial rate of permanent invalidity of 2 % following the accident at work suffered by the applicant

Form of order sought

— Annul the contested decision;
—

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, by way of compensation for the financial material loss, together with interest for delayed payment at the European Central Bank rate plus 2 points, as of 1 July 2011 and 1 July 2012;
—

order OHIM, in the alternative, to pay the applicant damages, in the event that on legal or factual grounds the applicant is not reinstated in her position and/or does not continue to work under the previous terms and conditions, for the material loss attributable to the unlawful termination of her contract in the amount corresponding to the difference between the salary that she actually can expect and the salary that she would have received had the contract been renewed, having regard to pension entitlements and other claims;
EN Official Journal of the European Union C 213/48

Action brought on 21 April 2015 — ZZ v Commission

(Case F-59/15)

(2015/C 213/77)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision not to pay the severance grant requested by the applicant after his service had ended and an application for the grant of damages in respect of the harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— order the payment of the requested severance grant, together with the interest accrued as of 26 March 2014, the date on which that grant should have been paid, calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, applicable during the period concerned, increased by two points;

— grant compensation for the harm suffered by the applicant, subject to being increased or decreased during the proceedings, of EUR 4 275,80, together with interest accruing from the date on which the complaint was brought (16 September 2014), calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, applicable during the period concerned, increased by two points;
—

Annul the decision of 26 May 2014, accepted on 11 July 2014, to credit the pension rights acquired by the applicant prior to his entry into service, in the context of the transfer of those rights to the pension scheme of the EU institutions, in accordance with the general provisions implementing Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 262/42

Action brought on 8 June 2015 — ZZ and Others v Commission

(Case F-85/15)

(2015/C 262/58)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to admit the applicants to the assessment stage of the competition EPSO/AD/204/10, after reopening of that competition by EPSO following annulment by the Civil Service Tribunal of the original decision not to admit the applicants to the assessment stage of the competition and compensation for the applicants for the material and non-material damage allegedly suffered.

Form of order sought

— Annul the decisions of 25 July 2014 of the selection board for competition EPSO/AD/204/10, sent to each of the applicants;

— grant to each of the applicants a provisional award of EUR 1 000 in respect of non-material damage, and a second provisional award of EUR 2 27 899,50 in respect of financial damage;
EN Official Journal of the European Union C 328/37

Action brought on 18 August 2015 — ZZ v F4E

(Case F-117/15)

(2015/C 328/36)

Language of the case: Spanish

Parties

Applicant: ZZ (represented by: A. Asmaryan Degtyareva, lawyer)

Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (F4E)

Subject-matter and description of the proceedings

Annul and declare void the decision of the European Joint Undertaking for ITER and the Development of Fusion Energy not to place the applicant on the reserve list of selection procedure F4E/CA/STIFGIV/2015/001 and annul the appointments of the candidates selected for the vacant posts.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— declare void selection procedure F4E/CA/STIFGIV/2015/001 of Fusion for Energy for the posts of Cost control support officer;

— declare void the reserve list drawn up by the defendant as a result of that selection procedure;

— declare void the appointment of the candidates selected for the vacant posts and the taking of office by the candidates proposed by the Selection Committee and selected by the Director of Fusion for Energy;

— declare that the defendant should organise a new selection procedure for candidates for the vacant posts of Cost control support officer;

— declare that the new selection procedure for Cost control support officers should include a written test and be organised immediately in order to select new candidates;

— declare unfair and void the defendant’s failure to organise a written test, contrary to what was indicated in the Guide for Applicants;

— order any measures that the Tribunal deems appropriate in order to repeat the selection procedure in accordance with the rules established in the Vacancy Notice published on 5 February 2015 and those set out in the Guide for Applicants contained in that notice, the organisation of an oral test and a written test being obligatory;
EN Official Journal of the European Union C 302/71

Action brought on 17 July 2015 — ZZ v Commission

(Case F-104/15)

(2015/C 302/88)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision not to grant a survivor’s pension to the applicant.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decisions of 24 September 2014 and 10 April 2015;
EN Official Journal of the European Union C 414/45

Action brought on 9 October 2015 — ZZ v Commission

(Case F-131/15)

(2015/C 414/57)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision not to reclassify the applicant as grade AD 13 for the 2013 reclassification year.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the authority empowered to conclude contracts of employment not to reclassify the applicant as grade AD 13 for the 2013 reclassification year;
EN Official Journal of the European Union C 398/80

Action brought on 22 September 2015 — ZZ v Commission

(Case F-125/15)

(2015/C 398/95)

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 Commission’s decision not to promote the applicant to grade AD 8 in the 2014 promotion exercise and compensation for the non-material damage which the applicant claims to have suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the appointing authority of 14 November 2014 not to promote the applicant in the 2014 promotion exercise;

— order the European Commission to pay EUR 15 000 by way of compensation for the non-material damage suffered;
—

Order the Commission to reimburse the applicant those sums withheld together with compound interest at the rate defined in Article 12 of Annex XII to the Staff Regulations;
—

Annul the decision of the Authority Empowered to Conclude a Contract of Employment of 15 January 2015 no tot extend the applicant’s unpaid leave on personal grounds for an additional year;
—

Principally, annul the Commission’s note of 9 April 2015 (PMO) sent to the applicant and the salary statements subsequently applying it and, if necessary, the note of 12 December 2014 and the salary statements subsequently drawn up, as regards the recalculation of her monthly compensation, and more exactly: — Note of 9 April 2015 of the European Commission (Office for the Administration and Payment of Individual Entitlements, PMO/1 — Remuneration and management of individual rights to emoluments) to the applicant; — The applicant’s salary statements 04/2015 to 06/2015 and subsequent salary statements which include a deduction of EUR 208,30 (Code DPN — Remboursement dett) and subsequent salary statements; — Preliminary note of 12 December 2014 of the European Commission (Office for the Administration and Payment of Individual Entitlements, PMO/1 — Remuneration and management of individual rights to emoluments) to the applicant; — The applicant’s salary statements 12/2014 to 03/2015.
EN Official Journal of the European Union C 251/51

Action brought on 2 May 2016 — ZZ v Commission

(Case F-23/16)

(2016/C 251/59)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application seeking that the applicant be awarded compensation in respect of the material harm he claims to have incurred due to the alleged delay in the organisation of the 2013 reclassification procedure.

Form of order sought

The applicant claims that the Tribunal should:

— order the defendant to pay the applicant compensation to make good the loss he has suffered, in its entirety, due to the delay in the organisation of the 2013 reclassification procedure;
EN Official Journal of the European Union C 145/40

Action brought on 17 February 2016 — ZZ and Others v Parliament

(Case F-9/16)

(2016/C 145/49)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: M. Casado Garcia-Hirschfeld, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

The annulment of the decisions refusing the four applicants the grant of education allowances in respect of the year 2014-2015 and the following years and an order that the defendant is to pay the applicants the education allowances in respect of 2015/2016, together with interest calculated as of the dates on which those sums became payable under Annex VII to the Staff Regulations.

Form of order sought

The applicants claim that the Tribunal should:

— annul the contested individual decisions dated 24 April 2015;

— so far as necessary, annul the decisions of the Secretary-General of the European Parliament dated 17 November and 19 November 2015;

— order the European Parliament to pay the applicants the education allowance in respect of 2015/2016 together with interest calculated as of the dates on which those sums became payable under Annex VII to the Staff Regulations;
—

Order the defendant to pay compensation in the discretion of the Court — not below an amount of EUR 1 000 — to the applicant for the moral damages suffered as a result of the final contested decision;
EN Official Journal of the European Union C 296/44

Action brought on 22 May 2016 — ZZ v eu-LISA and Commission

(Case F-26/16)

(2016/C 296/55)

Language of the case: English

Parties

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

Defendants:

European Agency for the Operational Management of Large-Scale Information Systems in the Area of Freedom, Security and Justice (eu-LISA)

and

European Commission

Subject-matter and description of the proceedings

Annulment of the decision denying the applicant prior authorisation for medical treatment for her husband under the EU Joint Sickness Insurance Scheme.

Form of order sought

— Annul the decision rejecting the prior authorisation for the medical treatment of the applicant’s husband covered by the Joint Sickness Insurance Scheme;

— declare that hepatitis C being suffered by the applicant’s husband is a serious disease within the meaning of Article 72(1) of the Staff Regulations;
EN Official Journal of the European Union C 22/52

Judgment of the Civil Service Tribunal of 13 December 2007 — N v Commission of the European Communities

(Case F-95/05) (1)

(Staff case - Temporary agents - Recruitment - Post of head of administration - Non-member country - Unfavourable opinion of the medical service)

(2008/C 22/98)

Language of the case: French

Parties

Applicant: N (Brussels) (originally represented by K.H. Hagenaar, lawyer, then by J. van Drooghenbroeck and T. Demaseure, lawyers, and finally by I. Kletzlen, lawyer)

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

Re:

Annulment of the Commission's decision not to recruit the applicant as a temporary agent to the post of head of administration in Guinea Conakry as a result of the unfavourable opinion of the medical service and a claim for damages

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Director of Directorate K ‘External service’ of Directorate-General ‘External Relations’ of the Commission of the European Communities of 15 April 2005, informing the applicant that she would not be recruited as head of administration of the delegation in Guinea;

2. Dismisses the remainder of the action;

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

(1) OJ C 10 of 14.1.2006, p. 2 (Case originally registered at the Court of First Instance of the European Communities under T-377/05 and transferred to the European Union Civil Service Tribunal by order of 15 December 2005).
EN Official Journal of the European Union C 252/47

Judgment of the Civil Service Tribunal (Third Chamber) of 14 December 2010 — Michail v Commission

(Case F-67/05 RENV)

(Staff case - Officials - Referral back to the Tribunal after setting aside - Career development report - 2003 appraisal exercise - Action for annulment - Action for damages)

2011/C 252/99

Language of the case: French

Parties

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

Defendant: European Commission (represented by: initially J. Currall and K. Herrmann, agents, then by J. Currall and K. Herrmann, agents, and by E. Bourtzalas and I. Antypas, lawyers)

Re:

Application for the annulment of the applicant’s career development report for the appraisal period from 1 April 2003 to 31 December 2003 and a claim for damages (formerly T-284/05) — Case T-49/08 P referred back after appeal.

Operative part of the judgment

The Tribunal:

1. annuls Mr Michail’s career development report for the period from 1 April to 31 December 2003;

2. orders the European Commission to pay Mr Michail damages of EUR 1 000;
EN Official Journal of the European Union C 267/83

Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Brown v Commission

(Case F-37/05) (1)

(Staff case - Competition internal to the institution - Admission criteria - Members of the auxiliary staff - Rejection of candidature)

2009/C 267/148

Language of the case: French

Parties

Applicant: Michael Brown (Overijse, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (represented by: H. Tserepa-Lacombe and K. Herrmann, acting as Agents)

Re:

Annulment of the selection board’s decision in competition COM/PB/04, competition for change of category C to B, refusing to admit the applicant to the pre-selection tests for that competition on the ground that he did not fulfil the required statutory condition at the closing date for the lodging of applications

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders the parties to bear their own costs.

(1) OJ C 193, 6/8/2005, p. 36. (the case was initially brought before the Court of First Instance of the European Communities under Case T-208/05 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 260/19

Judgment of the Civil Service Tribunal (Third Chamber) of 10 July 2008 — Cathy Sapara v Eurojust

(Case F-61/06) (1)

(Staff cases - Members of the temporary staff - Recruitment - Probationary period - Extension of probationary period - Dismissal at the end of the probationary period - Obligation to state the reasons on which the decision is based - Rights of the defence - Manifest error of assessment - Psychological harassment)

(2008/C 260/35)

Language of the case: English

Parties

Applicant: Cathy Sapara (The Hague, Netherlands) (represented by: G. Vandersanden and C. Ronzi, lawyers)

Defendant: Eurojust (represented by: L. Defalque, lawyer)

Re:

Staff case — First, annulment of the decision by EUROJUST of 6 July 2005 terminating her applicant's temporary agent contract at the end of her probationary period and, secondly, 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 165, 15.7.2006, p. 35.
EN Official Journal of the European Union C 22/53

Judgment of the Civil Service Tribunal of 13 December 2007 — Asa Sundholm v Commission of the European Communities

(Case F-42/06) (1)

(Staff case - Officials - Appraisal - Career development report - Appraisal for the year 2004 - Objectives of and criteria for appraisal - Damages)

(2008/C 22/101)

Language of the case: French

Parties

Applicant(s): Asa Sundholm (Brussels, Belgium) (represented by represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal)

Defendant: Commission of the European Communities (represented by C. Berardis-Kayser and M. Velardo, Agents.)

Re:

Annulment of the applicant's career development report for the year 2004 and a claim for damages

Operative part of the judgment

The Tribunal:

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

2. Dismisses the remainder of the action;

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

(1) OJ C 131 of 3.6.2006, p. 54.
EN Official Journal of the European Union C 340/33

Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Abad-Villanueva and Others v Commission

(Case F-23/06) (1)

(Staff case - Officials - Appointment - Article 5(2) of Annex XIII to the Staff Regulations - Internal competitions for transfer from one category to another published before 1 May 2004 - Candidates appearing on reserve lists before 1 May 2006 - Grading - Maintenance of the multiplicaton factor - Loss of promotion points)

2011/C 340/65

Language of the case: French

Parties

Applicant: Roberto Abad-Villanueva and Others (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, initially, by M. Arpio Santacruz and M. Simm, and subsequently by M. Bauer, J. Monteiro and K. Zieleśkiewicz, acting as Agents)

Re:

Annulment of decisions notifying the applicants of their transfer of category, in so far as they allocate a grade lower than that which would result from the application of the provisions of the Staff Regulations, maintain the multiplication factor and withdraw the promotion points of the applicants.

Operative part of the judgment

1. The action is dismissed.

2. Each party is ordered to bear its own costs.

3. The Council of the European Union, which has intervened, is ordered to bear its own costs.

(1) OJ C 108 of 06.05.06, p. 32.
EN Official Journal of the European Union C 44/69

Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 — Collée v Parliament

(Case F-148/06) (1)

(Staff cases - Officials - Promotion - Procedure for allocating merit points in the European Parliament - Examination of comparative merits)

(2009/C 44/119)

Language of the case: French

Parties

Applicant: Laurent Collée (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Parliament (represented by: C. Burgos and A. Lukošiūtė)

Re:

First, annulment of the decision of 9 January 2006 allocating two merit points to the applicant under the 2004 promotion procedure and second, a declaration that paragraph I.3 of the ‘Instructions on the procedure for the allocation of promotion points’ of the European Parliament of 13 June 2002 is illegal.

Operative part of the judgment

The Tribunal:

1. Annuls the decision allocating two merit points to Mr Collée under the 2004 promotion procedure;

2. Dismisses the remainder of the action;

3. Orders the European Parliament to pay the costs.

(1) OJ C 42 of 24.2.2007, p. 48.
EN Official Journal of the European Union C 313/56

Judgment of the Civil Service Tribunal (Second Chamber) of 4 September 2008 — Lafili v Commission

(Case F-22/07) (1)

(Staff case - Officials - Entry into force of Regulation (EEC, Euratom) No 723/2004 - Articles 44 and 46 of the Staff Regulations - Article 7 of Annex XIII to the Staff Regulations - Promotion - Grading - Multiplication factor)

(2008/C 313/100)

Language of the case: French

Parties

Applicant: Paul Lafili (Genk, Belgium) (represented by: G. Vandersanden and L. Levi, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall, H. Kraemer and K. Herrmann, Agents)

Re:

Annulment of the decision to place the applicant in Grade AD 13, step 5, contained in a memorandum from DG ADMIN of 11 May 2006 and in the pay slip of June 2006 and in subsequent pay slips, inasmuch as that the decision infringes, inter alia, Articles 44 and 46 of the Staff Regulations of Officials and Article 7 of Annex XIII to those regulations.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Head of Unit A 6 ‘Career structure, evaluation and promotion’ in the ‘Personnel and Administration’ General-Directorate of the Commission of the European Communities of 11 May 2006;

2. Orders Mr Lafili to bear half his own costs;

3. Orders the Commission of the European Communities to bear its own costs and to pay half of Mr Lafili's costs.

(1) OJ C 95, 28.4.2007, p. 59.