ddrg/super_eurlex huggingface dataset:
—

order the full restructuring of the applicant’s career with retroactive effect from 1 March 2009 to the date of his classification in grade and step as thus corrected (including the valuation of his experience in his classification as thus corrected, his rights of advancement to a higher step and his pension rights), which includes the payment of default interest at the base rate fixed by the European Central Bank for its main refinancing operations, applicable during the period concerned, increased by two points, on all the sums corresponding to his classification as set out in the classification decision and the classification to which he should have been entitled until the date on which the decision on his corrected classification is taken; in the alternative, order the applicant to be granted promotion points corresponding to the conversion of the multiplication factor to a ‘time’ factor;
EN Official Journal of the European Union C 37/52

Action brought on 23 December 2009 — Scheefer v Parliament

(Case F-105/09)

2010/C 37/82

Language of the case: French

Parties

Applicant: Séverine Scheefer (Luxembourg, Luxembourg) (represented by: R. Adam, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for annulment the decisions of the defendant refusing to convert the applicant’s contract as a temporary agent into a contract for an indefinite period in accordance with the first paragraph of Article 8 of the CEOS. In addition, application for compensation for the loss suffered by the applicant.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Parliament’s decision of 12 February 2009;

— annul the Parliament’s decision of 12 October 2009;

— annul the legal characterisation of the original contract and its date of expiry set at 31 March 2009;

— accordingly, convert the applicant’s contract of engagement into an engagement for an indefinite period;

— compensate the applicant for the loss she suffered as a result of the Parliament’s conduct;

— in the alternative and if, contrary to all probability, the Tribunal reaches the conclusion that, despite the forming of a contract of engagement for an indefinite period, the working relationship has ceased, grant damages and interest for wrongful termination of the contractual relationship;

— in the further alternative and if, contrary to all probability, the Tribunal reaches the conclusion that no conversion of the contract is possible, grant damages and interest for the loss suffered by the applicant by reason of the European Parliament’s wrongful conduct;

— reserve to the applicant all other rights, remedies, pleas and actions and, in particular, an order that the Parliament pay damages and interest in connection with the loss suffered;
—

annul the rejection of the complaint brought by the applicant on 2 April 2009, recorded as No R/149/09 under Article 90(2) of the Staff Regulations, issued by the Director General of DG Admin as appointing authority and dated 17 July 2009;
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Annul all related, consequent and prior measures, including the guidelines issued by the HR Directorate for summarising the appraisal by using one of the first letters of the alphabet and the quantitative limits imposed in awarding the mark A or B+, and the promotions decided upon on 18 March 2009, given that, in the light of the view expressed by the applicant’s superiors, the EIB failed to take him into consideration under the heading ‘Promotions from Function E to D’.
—

order the Commission to pay to the applicant, without undue delay, the difference between the amount paid by him in respect of medical expenses incurred between 1 December 2000 and 30 November 2008 inclusive, in relation to which the applicant made numerous claims for reimbursement under the Joint Sickness Insurance Scheme in the period between 1 December 2000 and 30 November 2008, and the amount reimbursed to him to date, or such amount as the Tribunal may consider just and equitable in that connection, together with interest on the difference between such amounts or on such amount as the Tribunal may consider just and equitable, from the first day of the fifth month after the date on which the addressee of the request of 27 December 2008 was in a position to inspect it, at the rate of 10 % per annum, with annual capitalisation, or at such rate with capitalisation and from such date as the Tribunal may consider appropriate;
EN Official Journal of the European Union C 209/55

Action brought on 7 June 2010 — Bermejo Garde v EESC

(Case F-41/10)

()

2010/C 209/88

Language of the case: French

Parties

Applicant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Economic and Social Committee

Subject-matter and description of the proceedings

Annulment of several decisions terminating the applicant’s service as the Head of Unit of the Legal Service with immediate effect, reassigning him to the Directorate for Logistics and refusing his formal application for assistance and the application for damages.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the President of the EESC No 88/10 A of 3 March 2010 rejecting the application brought by the applicant on 7 December 2009 and deciding to reassign him;

— annul the Addendum to Decision No 88/10 of 25 March 2010;

— annul Decision No 133/10 A of 24 March 2010 terminating the applicant’s service as Head of Unit of the Legal Service with immediate effect and his reassignation as Head of Unit, with his post, to another department from 6 April 2010;

— annul the decision of the President of the EESC No 184/10 A of 13 April 2010 reassigning the applicant to the Directorate for Logistics, that decision taking effect on 6 April 2010;

— grant the applicant damages;
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alternatively and secondarily, again appoint a medical committee consisting of doctors with expertise in diseases caused by ionising radiation with the task of establishing whether, in the course of carrying out his professional duties, the applicant was exposed to the risk of contracting a disease caused by ionising radiation;
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in consequence, find that the partial permanent invalidity rate should be assessed on the basis of the rules and of the assessment scale in force at the time of the accident and until 1 January 2006, and that the examination of the application made by the applicant under Article 73 of the Staff Regulations should be resumed by a Medical Committee formed in an impartial and neutral manner which is able to work rapidly in complete independence and without any preconceived views;
EN Official Journal of the European Union C 246/43

Action brought on 9 July 2010 — Hecq v Commission

(Case F-56/10)

()

2010/C 246/77

Language of the case: French

Parties

Applicant: André Hecq (Chaumont-Gistoux, Belgium) (represented by: L. Vogel, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision refusing the full reimbursement of certain medical fees and expenses.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision adopted on 20 October 2009 by the Brussels settlements office of the Sickness Insurance Fund, in the form of a breakdown of expenses No 171, refusing the applicant full reimbursement for four consultations with a general practitioner, on 17 February, 2 April, 23 April and 11 May 2009, two consultations with a specialist, on 6 April and 15 June 2009, and two purchases of medicines prescribed by the psychiatrist Vandenborre, on 22 June and 22 September 2009;

— annul, so far as necessary, the decision adopted by the appointing authority on 13 April 2010 in so far as it rejects the applicant’s complaint brought on 20 January 2010 against the decision of 20 October 2009;
—

annul Decision No 24938 of 28 September 2009 by which the appointing authority of the Commission refused the request for assistance D/300/09 brought by the applicant pursuant to Article 24 of the Staff Regulations, concerning the psychological harassment suffered and/or experienced in his service in the period subject to all necessary reservations from April 2004 to April 2009;
EN Official Journal of the European Union C 13/43

Action brought on 29 October 2010 — Couyoufa v Commission

(Case F-110/10)

()

2011/C 13/87

Language of the case: French

Parties

Applicant: Denise Couyoufa (Athens, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the defendant’s decision rejecting the applicant’s application for exemption from the mandatory staff rotation.

Form of order sought

— Declare that the decision of 31 July 2008 is vitiated by illegality;

— Annul the decision of 26 February 2010 rejecting Ms Couyoufa’s application;

— Annul the decision rejecting her appeal against that decision;
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principally, reclassification of the applicant’s fixed-term employment contract as a contract for an indefinite period, and therefore annulment of the decision not to renew her temporary staff contract of January 2009, and, consequently, her reinstatement as a member of the temporary staff; in the alternative, annulment of the decision not to renew her temporary staff contract of January 2009, and, therefore, her reinstatement as a member of the temporary staff;
EN Official Journal of the European Union C 63/34

Action brought on 26 November 2010 — Labiri v CESE

(Case F-124/10)

2011/C 63/63

Language of the case: French

Parties

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

Defendant: European Economic and Social Committee

Subject-matter and description of the proceedings

Application for annulment of the decision to terminate without further action the administrative inquiry initiated as a result of the complaint of psychological harassment lodged by the applicant.

Form of order sought by the applicant

— Annul the decision of 18 January 2010 of the Secretary-General of the European Economic and Social Committee not to uphold any allegations against the applicant’s head of unit and to terminate the administrative inquiry initiated jointly by the European Economic and Social Committee and the Committee of the Regions as a result of the complaint of psychological harassment without further action;
EN Official Journal of the European Union C 30/67

Action brought on 22 November 2010 — Bancale and Buccheri v Commission

(Case F-123/10)

()

2011/C 30/134

Language of the case: French

Parties

Applicants: Giovanni Bancale (Waterloo, Belgium) and Roberto Buccheri (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the selection board decisions in the competitions COM/INT/OLAF/09/AD8 and COM/INT/OLAF/09/AD10 not to admit the applicants to the competition.

Form of order sought

— Declare unlawful section 4 of Title III of competition notice EPSO/COM/INT/OLAF09, in that it prohibits taking into account university level experience obtained prior to the obtaining of a university qualification;

— annul the decisions excluding the applicants from the competition EPSO/COM/INT/OLAF/09;
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order CEDEFOP to pay him, by way of compensation for his material loss in the absence of reinstatement or until any such reinstatement, the difference between firstly, the remuneration and pension that he would have received if he had remained in service after the 15 November 2010 and, secondly, the possible remuneration or unemployment benefit and pension which he would receive after that date;
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in the alternative, rule that the applicant should not be ordered to pay the Commission’s costs.
—

In the alternative, and in the event that the claim for reinstatement made above should not be upheld, order the defendant to compensate the applicant for the material damage suffered, provisionally estimated ex aequo et bono at the difference in the remuneration which he received as a temporary staff member in OLAF and that which he receives in his present post (that is to say, around EUR 3 000 per month), at the very least for a length of time similar to that of his initial contract (four years) and beyond that period on the basis that that contract would have been renewed for a third time, entitling him to a contract of employment for an indefinite period;
—

Annul the decision of 19 December 2010 in which the defendant notified the applicant that the grading of his position was held at Grade AST 5;
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Order the European Commission to pay to the applicant the sum of EUR 15 per day for each additional day of failure on the part of the Commission to adopt all the measures necessary for compliance with the judgment of 9 June 2010, from the 181st day following 4 March 2011 until the 270th day following 4 March 2011, together with interest on the sum of EUR 15 per day at the rate of 10 % per annum, with annual capitalisation, from the 271st day following 4 March 2011 until the date on which the sum of EUR 15 per day is received by the applicant;
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Annul the applicant’s appraisal report for 2008, that is to say, the part of the report drawn up by EUROSTAT for that period;
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Annul part of the applicant’s appraisal report for the period from 1 January to 31 December 2009; more specifically, the part of the report issued by EUROSTAT for that period;
—

Annul the decision of 14 June 2011 of the Secretary-General of the European Economic and Social Committee (Appointing authority/EESC) rejecting the applicant’s complaint seeking acknowledgement that he was the victim of misconduct, as a result of lack of assistance and a breach of the duty of care, and requesting that measures be taken to establish publicly the applicant’s merits and abilities, in particular the applicant’s capacity to run an administrative unit and manage its human and financial resources;
Action brought on 26 September 2011 — ZZ v Commission

(Case F-90/11)

(2012/C 25/127)

Language of the case: Italian

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision by which the Commission refuses to grant the applicant entitlement, on account of an accident, to a partial permanent invalidity rate

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the Commission’s decision of 19 April 2011;

— give a definitive ruling to the effect that the ‘Rules on insurance against the risk of accident and occupational disease for officials of the European Communities’ cover ‘the entire cutaneous system’ and not just ‘deep cutaneous burns and pathological cutaneous scarring’;

— direct the Commission to set up a new medical committee, with the task of reviewing the applicant’s case in the light of the correct interpretation of the ‘Rules’, that is to say, as construed meanwhile by the Civil Service Tribunal of the European Union in the context of its consideration of the present application;
—

order the Commission to pay the applicant EUR 10 000 by way of compensation for non-pecuniary damage as a result of the contested decision.
—

Annul the defendant’s decision refusing the applicant’s claims set out in his complaint of 13 August 2010, whatever the form in which the decision was adopted and irrespective of whether the refusal was total or partial;
—

Order the Commission to pay EUR 500 per month of delay in the sending of an offer, in good and due form, of transfer of the applicants’ pension rights, with effect from the date when the PMO decided to withdraw the offer accepted by the applicants and pension funds, namely 25 January for the first applicant and 5 February for the second applicant, or, at the very latest, with effect from the rejection on 9 March 2011 of their request for assistance;
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Annul the appointing authority’s decision of 11 October 2011 rejecting the applicant’s complaint under Article 90(2) of the Staff Regulations against the decision of 24 May 2011 refusing to grant him an expatriation allowance.
—

order payment of the management allowance for the period from 1 June 2010 to 30 September 2011, together with interest on account of late payment the amount of which must be calculated at the rate laid down by the European Central Bank for its main refinancing operations, increased by two percentage points, with effect from 30 September 2011;
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In so far as necessary, annul the measure, whatever the form in which it was adopted, by which the Commission rejected the complaint of 20 May 2011 against the decision rejecting the request of 23 November 2010, annul that decision, grant the request of 23 November 2010 and uphold the complaint of 20 May 2011 sent by the applicant to the appointing authority;
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Annul the decision of the Appointing Authority (AIPN) of the European Commission of 21 November 2011 in response to the objection of the applicant to the decision of the Office for the administration and payment of individual entitlements (PMO) to refuse to grant him the daily subsistence allowance following his entry into service at the European Commission on 1 February 2011;
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Annul the Decision of 21 January 2011 rejecting his request for compensation for the losses suffered as a result of his retirement on invalidity pension;
—

annul the decision to apply, to the applicant’s request for transfer of pension rights, the parameters referred to in the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
—

alternatively, award compensation for the material damage suffered by the applicant of EUR 11 742,48 for the year 2010, plus, for the following period until the date of delivery of the judgment in this case, a variable amount, with the addition of default and compensatory interest at the required legal rates; and with the addition to that first total of a fixed sum assessed by the Tribunal as appropriate for the compensation for the second component of material damage: the amount of which may be provisionally fixed at EUR 120 000;
EN Official Journal of the European Union C 319/18

Action brought on 30 July 2012 — ZZ v EIB

(Case F-82/12)

2012/C 319/35

Language of the case: Italian

Parties

Applicant: ZZ (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the Adjudication Panel’s decision dismissing the applicant’s appeal against the result of the second overall appraisal of his work for 2007.

Form of order sought

The applicant claims that the Court should:

— Annul the decision adopted on 15 February 2012, in so far as the Adjudication Panel: — dismissed the applicant’s appeal against the 2007 staff report drawn up in 2011 following the annulment of that report as drafted in 2008 ordered by the Civil Service Tribunal by judgment of 8 March 2011, which determined Case F-59/09; — dismissed the applicant’s appeal against the refusal to recommend that he be promoted, following the annulment ordered by the Civil Service Tribunal by that judgment in Case F-59/09; — refused to conduct proceedings on the substance and, in reviewing only the issue of lawfulness, denied the applicant the right to obtain a second, effective appraisal of his work;

— annul the promotion decisions of 29 April 2008 given that, in view of the appraisal made by his superiors, the EIB failed to take the applicant into consideration in the point ‘Promotions from Function E to D’;

— annul all the related, consequent and previous measures, including the entire staff report for 2007 and the appraisal by the applicant’s superiors in so far as it fails to propose that he be given a mark A or B+ and promotion to Function D and, if appropriate, declare unlawful, and disapply, the guidelines, at least to the extent to which they unlawfully restrict the number of employees who may receive an overall mark of A or B+;
—

order ECB to communicate to the Appellant all data collected and stored by DG-H on her medical situation and medical procedures, included the data collected so far (included the response to the questionnaire in a non anonymised form as well as the other data collected (e.g. the notes of the interviews organized by DG-H to be provided in a non-anonymous form) as well as future data, which may be collected in the scope of the new procedure. Should this data contain medical information, the data can be sent to her doctor);
EN Official Journal of the European Union C 379/34

Action brought on 28 September 2012 — ZZ v Commission

(Case F-108/12)

2012/C 379/56

Language of the case: French

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision concerning the transfer of the applicant’s pension rights into the European Union pension scheme, which decision applies the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought

— Annul the decision of 9 December 2011 concerning the transfer of the applicant’s pension rights under Article 11(2) and (3) of Annex VIII to the Staff Regulations into the European Union pension scheme;

— In so far as necessary, annul the decision rejecting his claim of 20 June 2012 made against the decision of 9 December 2011;
—

annul the decision of the selection board of EPSO/AD/206/11 (AD5) and EPSO/AD/207/11 (AD 7) dated 1 June 2012 upholding the decision of 9 February 2012 not to place the applicant on the reserve list of the competition on the ground that the applicant does not fulfil certain specific criteria for admission;
—

To annul the decision of 21 February 2012 not to include the Applicant on the reserve list of the selection procedure REA/2011/TA/PO/AD5;
—

order the defendant to pay the applicant the difference between (i) the remuneration to which the applicant would have been entitled had she remained in her post at Europol and (ii) the amount of remuneration, fees, unemployment benefits and any other compensation actually received by her since 1 March 2012 by way of replacement for the remuneration she was receiving as a temporary agent;
EN Official Journal of the European Union C 71/31

Action brought on 20 December 2012 — ZZ v Committee of the Regions

(Case F-156/12)

2013/C 71/55

Language of the case: French

Parties

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

Defendant: Committee of the Regions of the European Union

Subject-matter and description of the proceedings

Annulment of the decision refusing to award damages for wrongful conduct on the part of the Committee of the Regions and application for compensation for material and non-material damage.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 17 February 2012 dismissing his application of 19 October 2011 for damages for wrongful conduct on the part of the Committee of the Regions;

— where necessary, annul the decision of the Committee of the Regions of 10 September 2012, notified the same day by email and on 12 September 2012 by letter sent by registered delivery with acknowledgement of receipt, rejecting the applicant’s complaint;

— order the Committee of the Regions to pay the sum of EUR 354 000 as compensation for material damage, that amount being determined on a provisional basis, and the sum of EUR 100 000 as compensation for non-material damage, that amount being determined on a equitable basis;
—

Order the defendant to pay the applicant the difference between the amount of the remuneration which she would have been able to claim had she remained in her post with the defendant and the amount of the remuneration, fees, unemployment benefits or any other substituted payment which she has actually received since 1 June 2012 to replace the remuneration which she received as a temporary staff member;