ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/51

Action brought on 12 July 2011 — ZZ v Commission

(Case F-66/11)

2011/C 282/97

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision adopted by the chairman of the selection board for Competition EPSO/AST/111/10 (AST 1) not to admit the applicant to the assessment tests.

Form of order sought by the applicant

— As a main claim: — annul the decision adopted on 7 April 2011 not to allow the applicant to take part in the assessment tests for Competition EPSO/AST/111/10 — Secretary, grade AST 1; — as a result, rule that the applicant must be reinstated within the recruitment process initiated by that competition, if necessary, through the organisation of fresh assessment tests;

— in the alternative, in the event that the main claim is not upheld, quod non, order the defendant to pay, by way of material damages, an amount fixed provisionally and ex aequo et bono at EUR 20 000, together with interest for late payment at the statutory rate from the date of the judgment to be delivered;

— in any event, order the defendant to pay, by way of non-material damages, an amount fixed provisionally and ex aequo et bono at EUR 20 000, together with interest for late payment at the statutory rate from the date of the judgment to be delivered;
EN Official Journal of the European Union C 355/30

Action brought on 28 September 2011 — ZZ v Commission

(Case F-94/11)

2011/C 355/53

Language of the case: German

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of EPSO to resume open competition EPSO/AD/26/05 and to call the applicant back for a fresh oral test, and annulment of the decision to exclude him from that competition on the ground of his failure to attend that test.

Form of order sought

— Annul the defendant’s decisions of 11 February and 12 August 2011;

— Declare the invitation of 14 January 2011 to the oral test unlawful;

— Rule that a mere repeat of the applicant’s test is not appropriate to remedy the fundamental procedural defects found at the time of the applicant’s earlier action;

— Rule that the defendant has the power to put the applicant on the reserve list even without a repeat of the test;

— Rule that the defendant must adequately compensate the applicant for the disadvantage suffered by reason of the lapse of time and must avoid any discrimination in comparison with the successful candidates;

— Order the defendant to pay the costs of the proceedings;
—

Annulment of the decision of 10 September 2010 of the Bureau of the Committee of the Regions on the ground that, in confirming the conclusions of the Invalidity Committee, it refused to recognise that the applicant’s invalidity arose from an occupational disease within the meaning of Article 78(5) of the Staff Regulations;
—

Annul the decision adopted by the appointing authority on 28 July 2011 rejecting the complaint made by the applicant on 3 June 2011, seeking annulment of the general implementing provisions of Articles 11 and 12 of Annex VIII to the Staff Regulations, adopted on 3 March 2011, in particular Article 9 of those general provisions, and which the appointing authority considered to be directed against the individual decision notified to the applicant on 24 May 2011, proposing a new calculation of the years of pensionable service corresponding, in the Community pension scheme, to the actuarial equivalent of the retirement pension rights acquired by the applicant under the Belgian national scheme;
Official Journal of the European Union

Action brought on 3 October 2011 — ZZ v Commission

(Case F-99/11)

(2012/C 25/128)

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the implied decision of the Commission rejecting the applicant’s claim for payment of salary arrears for the period from 1 June 2005 to 21 July 2010.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the decision issued by — or, in any event, attributable to — the Commission, rejecting — howsoever and whether in whole or in part — the claims set out in the application of 20 August 2010, sent to the appointing authority on 20 August 2010;

— annul, quatenus opus est, Note Ares(2011)217354 as registered on 28 February 2011 and received by the applicant on 6 April 2011 at the earliest;

— annul the decision issued by the Commission rejecting, howsoever, the claims set out in the complaint of 24 February 2011;
—

in the alternative, acknowledge the damage suffered and grant the applicant the sum of EUR 6 207,71 by way of damages, plus interest for delay at two percentage points over the rate of the European Central Bank;
—

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 of the Staff Regulations, which contain a new proposal calculated on the basis of the general implementing provisions adopted on 3 March 2011;
EN Official Journal of the European Union C 133/29

Action brought on 10 January 2012 — ZZ v Frontex

(Case F-5/12)

2012/C 133/58

Language of the case: French

Parties

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

Defendant: Frontex

Subject-matter and description of the proceedings

Application for annulment of the decision of Frontex imposing a penalty on the applicant and the decision dismissing him.

Form of order sought

— Annul the decision of 24 May 2011 dismissing the applicant;

— Annul the decision of 16 April 2011 imposing a penalty on him;
—

Order EASA to pay the amount of EUR 250.00 per day from 23 May 2011 until the date of service of final judgment as compensation for the non-material damage caused by the harassment;
—

alternatively, if the above application to be reinstated is not upheld, order the defendant to pay compensation for the damage suffered by the applicant, provisionally and ex aequo et bono estimated at the difference between the remuneration which she would have received as a member of the temporary staff of the Commission if her contract had been renewed, and the unemployment allowances currently received, for a period of two years (corresponding to the period of renewal provided for under Article 8 of the CEOS), with the addition of late payment interest at the legal rate in the period concerned;
—

Annul the decision of the President of the European Parliament of 16 January 2012 which terminated, with retroactive effect from 1 January 2012, the applicant’s duties as Head of Unit for Equality and Diversity in DG Personnel and which transferred him, from that date, to Directorate D of that DG as Advisor, and at the same time withdrew the benefit of the allowance for Heads of Unit;
—

Order the Commission to make reparation for the damage unjustly suffered by the applicant as a result of the fact that the undated note attributable to the Commission was sent by the Commission to Giuseppe Cipressa, avvocato, by paying to the applicant the sum of EUR 10 000, or such greater or lesser sum as the Tribunal may deem to be just and fair;
—

pay compensation for the material damage suffered consisting in the loss of financial rights connected to the appointment (including career and pension rights) and, therefore, the payment of those rights with effect from 1 January 2001;
—

Annul the decision adopted on 10 May 2012 by the Director of Directorate D of DG Human Resources and Security and sent to the applicant by note of 11 May 2012 rejecting the applicant’s claim of 25 January 2012;
—

Annul the decision appointing the Appellant as adviser as announced to him on 16 September 2011, and confirmed by his updated job description as communicated to him on 6 October 2011;
—

order the Commission to pay to the applicant the sum of EUR 5 500,00, together with interest on that sum at the rate of 10 % per annum, with annual capitalisation, with effect from 20 July 2011 until the date of actual payment of that sum;
EN Official Journal of the European Union C 26/70

Action brought on 27 September 2012 — ZZ v Europol

(Case F-104/12)

2013/C 26/142

Language of the case: Dutch

Parties

Applicant: ZZ (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-27/09 Hanschmann v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to him by the decision annulled by that judgment

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 28 November 2011 by which the defendant awards the applicant EUR 13 000 in respect of compensation for the damage which he suffered, as full implementation of an earlier judgment of the Civil Service Tribunal, and the decision of 29 June 2012 by which the complaint brought by the applicant against the decision of 28 November 2011 was rejected;
—

declare the Commission liable for various faults, committed by it and its bodies, which contributed to the appearance, maintenance and deterioration of the applicant’s state of health and order it, consequently, to pay to the applicant the sum of EUR 1 798 650 to compensate him for his material loss and EUR 145 850 in respect of non-material damage and miscellaneous expenditure; that overall amount may be reduced by EUR 268 679,44, which has already been paid to the applicant under Article 73 of the Staff Regulations;
—

Annul the decision of the Head of the Individual Rights Unit of 4 August 2008, making the applicant’s right to the grant of the double dependant child allowance subject to the condition that ‘all of the specific costs required by the nature of the handicap and remaining chargeable’ to the applicant are higher than EUR 333.19 per month, and the decision of 24 October 2008 of the Head of the Individual Rights Unit, refusing in the present case to grant the double allowance, as confirmed after the reopening of the file by the Head of the Individual Rights Unit of 5 December 2011, which was itself confirmed by the decision of 20 July 2012 of the Secretary General of the European Parliament, rejecting the applicant’s complaint, notified to the applicant on 23 July 2012;
—

Order the Commission to pay to the applicant the following sums: EUR 500, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 May 2012 until actual payment of that sum; EUR 500, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 June 2012 until actual payment of that sum; EUR 500, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 July 2012 until actual payment of that sum;
EN Official Journal of the European Union C 55/26

Action brought on 18 December 2012 — ZZ v Commission

(Case F-153/12)

2013/C 55/46

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision refusing entitlement to the household allowance and the survivor’s pension for the applicant’s partner

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 25 September 2012;

— Declare illegal and annul Article 1(2)(c)(iv) of Annex VII to the Staff Regulations on the grounds that it is discriminatory;

— Declare illegal and annul the first paragraph of Article 17 of Annex VIII to the Staff Regulations;

— Rule that the applicant is entitled to the household allowance with retroactive effect from 13 December 2011 and is entitled to the survivor’s pension for his partner;

— Make any other appropriate orders;
—

Order the EEAS to pay an amount equivalent to the difference between his earnings from 1 September 2012, when he was repatriated to headquarters, and his former earnings, until 1 September 2013, the date on which he could have been transferred back to headquarters in the context of the system of rotation of the heads of delegation posts;
—

Annul the decision of the selection board in competition EPSO/AST/117/11 not to admit the applicant to the assessment tests, a decision which was communicated to him by letter dated 18 April 2012 and subsequently confirmed, the confirmation having been communicated to him by letter dated 24 May 2012;
—

Grant the applicant the sum of EUR 1 798 650 by way of compensation for the material and non-material damage suffered as a result of the occupational disease and payable under the ordinary law principle of full compensation, after deduction of the compensation granted under Article 73 of the Staff Regulations, possibly revised by the Tribunal in the context of the ongoing Case F-142/12;
—

Annul the decision of 30 August 2012 not to renew the applicant’s contract, to end his employment relationship on 30 April 2013 and to require him to take leave;
—

order the defendant to pay the difference between the remuneration resulting from the aforementioned decisions of the EIF’s Board of Directors and the EIF’s Chief Executive of 4 February 2013, the EIB’s Board of Directors of 18 December 2012 and the EIB’s Management Committee of 29 January 2013 and that payable in application of the ‘4-3-2-1-0’ merit grid and the ‘5-4-3-1-0’‘young’ grid, or, in the alternative, in respect of the applicants awarded a grade A, that payable in application of the ‘3-2-1-0-0’ merit grid and, in respect of the applicants covered by the ‘young’ grid, under the ‘4-3-2-0-0’ young grid; with interest on arrears to be added to that difference in remuneration with effect from 15 April 2013 and then on the 15th of each month until the difference has been completely made up, the rate of interest being the ECB rate, increased by three percentage points;
—

annul the decision of 11 October 2012 upholding the application of the parameters set out in the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 in respect of the transfer of the applicant’s pension rights;
—

in so far as necessary, annul the decision of 11 June 2013 rejecting his complaint requesting application of the General Implementing Provisions and the actuarial rates in force at the time of his request to transfer his pension rights,
EN Official Journal of the European Union C 274/29

Action brought on 25 June 2013 — ZZ and Others v European Investment Bank

(Case F-61/13)

2013/C 274/47

Language of the case: French

Parties

Applicant: ZZ and Others (represented by: L. Levi, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the individual decisions to award a bonus to the applications in accordance with a new performance scheme and to annul the decisions to grant the bonuses to the applicants misapplying of the new performance scheme and the subsequent request to order the EIB to pay damages.

Form of order sought

— annul the individual decisions to apply a bonus to the applicants in so far as those decisions constitute the application of a new performance system;

— alternatively, annul the decisions to grant the bonus to 2 applicants in so far as those decisions misapply the new performance system;

— order the defendant to pay damages;

— in the event that the defendant does not produce documents on its own initiative, call on the defendant to produce them under the measure of organisation of procedure;
—

Annul the decision of the European Commission of 19 April 2013 excluding the applicant from the list of candidates authorised to attend the ‘certification’ training programme in 2013 (Administrative Notice No 13-2013);
EN Official Journal of the European Union C 367/41

Action brought on 7 October 2013 — ZZ v EEAS

(Case F-101/13)

2013/C 367/74

Language of the case: French

Parties

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

Defendant: EEAS

Subject-matter and description of the proceedings

Application for annulment of the decision of the appointing authority of 19 December 2012, taking effect on 1 July 2013, no longer to grant the allowance for living conditions provided for in Article 10 of Annex X to the Staff Regulations of Officials employed in the Republic of Mauritius.

Form of order sought

— annul the decision of the appointing authority to abolish from 1 July 2013 all of the applicants’ allowances for living conditions under Article 10 of Annex X to the Staff Regulations;
—

Annul the Director’s decision of 5th February 2013 informing the Applicant that the Director of FRA had chosen to appoint another candidate to the position of Senior Programme Manager — Social Research (AD8) and, as a consequence, not to appoint her to this position;
—

Annul the decision not to renew the temporary staff contract of the applicant within the Agency;
—

Order the defendant to bear all the consequences, in particular financial, of that regrading, retroactively since his entry into the service;
EN Official Journal of the European Union C 212/47

Action brought on 20 May 2014 — ZZ v Commission

(Case F-46/14)

2014/C 212/61

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision concerning the transfer of the applicant’s pension rights to the European Union pension scheme applying the new GIP on Articles 11 and 12 of Annex VIII to the Staff Regulations

Form of order sought

— Annul the decision of 8 November 2013 calculating the bonus to his pension rights acquired before his entry into service in the Commission;
EN Official Journal of the European Union C 184/46

Action brought on 14 April 2014 — ZZ v OHIM

(Case F-35/14)

2014/C 184/78

Language of the case: English

Parties

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

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

Subject-matter and description of the proceedings

The Annulment of the decision of OHIM, drafted on the grounds of the decision of the president of the Office of 29 March 2012 concerning teleworking, not to authorise the applicant to telework in Barcelona, and thus, obliging her to return to Alicante.

Form of order sought

— Annul the contested decision;
EN Official Journal of the European Union C 380/27

Action brought on 19 July 2014 — ZZ v European Securities and Markets Authority

(Case F-69/14)

2014/C 380/35

Language of the case: French

Parties

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

Defendant: European Securities and Markets Authority

Subject-matter and description of the proceedings

The annulment of the appraisal report drawn up in respect of 2013.

Form of order sought

The applicant claims that the Tribunal should:

— annul the challenged appraisal report;
—

Annul the decisions of 20 September 2013 making two proposed calculations of annuities to be taken into account in the pension scheme of the institutions of the European Union concerning application No 1 A112-BE-ONP and application No 2 BE-CPIE-1 (former reference), confirmed by the rejection decision of the Appointing Authority sent on 20 March 2014;
EN Official Journal of the European Union C 421/58

Action brought on 25th April 2014 — ZZ v European Market and Securities Authority (ESMA)

(Case F-39/14)

2014/C 421/83

Language of the case: English

Parties

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

Defendant: European Market and Securities Authority (ESMA)

Subject-matter and description of the proceedings

The annulment of the decision not to renew the contract of the applicant and the compensation of the non-material harm endured.

Form of order sought

— Annul the decision ESMA/2013/ED/23, dated 28th June 2013, concerning the applicant’s non-renewal of the contract;

— order the defendant to pay compensatory damages amounting to 20 000 euro for the endured non-material harm;
EN Official Journal of the European Union C 388/28

Action brought on 22 July 2014 — ZZ and ZZ v Commission

(Case F-70/14)

2014/C 388/34

Language of the case: French

Parties

Applicants: ZZ and ZZ (represented by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions concerning the transfer of the applicants’ pension rights into the European Union pension scheme which apply the new General Implementing Provisions (GIPs) of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 and, in addition, an order that the Commission compensate the applicants for the harm resulting from the excessively long period taken to deal with their transfer applications.

Form of order sought

— Annul the decisions calculating the increase in their respective pension rights acquired before their entry into force at the Commission;

— In addition, order the Commission to compensate the applicants for the harm suffered due to the errors committed which led to the excessively long period taken to deal with their application to transfer pension rights;
EN Official Journal of the European Union C 7/55

Action brought on 22 October 2014 — ZZ v Commission

(Case F-115/14)

(2015/C 007/69)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

First, declaration of illegality of Article 9 of the General Provisions for implementing Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 and, second, annulment of the decisions to credit the pension rights acquired by the applicant into the European Union pension scheme pursuant to the new GIP.

Form of order sought

The applicant claims that the Tribunal should:

— Make a declaration of illegality in respect of Article 9 of the General Provisions for implementing Article 11(2) of Annex VIII to the Staff Regulations;

— Annul the decisions of 31 January 2014 and of 13 March 2014 to credit the pension rights acquired by the applicant prior to her entry into service, in the context of the transfer of those rights to the pension scheme of the EU institutions, pursuant to the General Provisions for implementing Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 448/40

Action brought on 10 September 2014 — ZZ v European Parliament

(Case F-92/14)

(2014/C 448/50)

Language of the case: German

Parties

Applicant: ZZ (represented by: Günther Maximini, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application, first, to annul the Parliament's decision in which the Parliament refused to take a preventative approach to the harm which the plaintiff has suffered due to infringements of his personal rights and of the provisions of Regulation No 45/2011 in the context of the treatment of a previous case, and, secondly, to award non-financial damages with interest for late payment for the non-financial harm which he allegedly suffered.

Form of order sought

The applicant claims that the Court should:

— Annul the European Parliament’s decision of 5 March 2014 which rejected the applicant’s application of 16 December 2013 for damages, as well as the implied rejection of his complaint of 24 March 2014 against that decision, and, in the alternative, the subsequent decision of 29 July 2014 by an unknown author;

— Order the defendant to pay the applicant EUR 30 000 for non-financial damages, together with interest for late payment at the rate of five percentage points above the base rate on EUR 25 000 from 1 February 2014 and on EUR 5 000 from 1 May 2014;