ddrg/super_eurlex huggingface dataset:
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Order the defendant to supply the applicant with full information on the running of the competition and the various tests up to the present, including the procedure for assessing tests, including, but not limited to — granting access to all documents which the defendant holds concerning the participation of the applicant in that competition including documents concerning assessment of the tests taken by the applicant. — providing full information on how the mark (12 points) which the applicant obtained in practical test (a) was arrived at. — providing information on the running of the competition in general, including the number of candidates who participated in the written and oral tests; the number of candidates who passed practical test (a); the criteria established by the selection board for assessing, for example, answer keys, criteria for the awarding of points for certain parts of the various tests, or according to which criteria for assessment; the number of points obtained by other candidates in practical tests a) and b) and information as to the manner in which those points were awarded.
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order the EIB to compensate the applicant for the material and non-material damage arising from the unlawful decision and administrative errors, plus interest for delay; — with regard to the unlawfulness of the decision: — for non-material damage, EUR 20 000; — for material damage by way of loss of remuneration, EUR 113 100; with regard to the administrative errors: — for infringement by the EIB of its duty to have due regard for the welfare of officials and its duty of protection, EUR 119 100; — for infringement of Article 42 of the Staff Regulations, EUR 10 000
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annul the implied decision of the Secretary General of the Parliament of 20 May 2011 rejecting the applicants’ complaint of 20 January 2011 requesting annulment of the results of the elections to the Staff Committee announced on 19 November 2010 and the results published on 23 and 24 November and 10 December 2010, and that fresh elections be held or at least a second round of voting;
Official Journal of the European Union

Action brought on 11 October 2011 — ZZ v Commission

(Case F-104/11)

(2012/C 25/130)

Language of the case: Hungarian

Parties

Applicant: ZZ (represented by: P. Homoki, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of EPSO decision to reopen the procedure for open competition EPSO/AD/56/06 and the decision of the selection board relating to the results of competition EPSO/AD/56/06 — Administrator grade A5 with Hungarian citizenship and payment of compensation.

Form of order sought

— annul the decision of EPSO of 15 January 2011 relating to the reopening of the competition in respect of the applicant;

— annul the decision of the EPSO selection board of 14 July 2011 relating to the results of competition EPSO/AD/56/06 — Administrator grade A5 with Hungarian citizenship;

— order the defendant to pay fair compensation for the loss caused to the applicant by the measure annulled through the grant of monetary compensation;

— in the alternative, order the defendant to establish a dialogue with the applicant with a view to attempting to reach an agreement offering the applicant fair compensation;
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Annul the decision of the President of the EIB not to appoint the applicant to the post of Head of the Risk Policy and Pricing Division within the Credit Risk Directorate of the Risk Management Directorate and not to have awarded him the post of Head of the Risk Policy and Pricing Division within the Credit Risk Directorate of the Risk Management Directorate;
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Annul each of the five following decisions — whatever the form in which they were adopted, issued by or, in any event, attributable to the Commission, and whether in whole or in part — rejecting the claims set out in the following five requests: (1.a) the decision rejecting the claims set out in the request of 5 October 2010 sent to the appointing authority; (1.b) the decision rejecting, whether in whole or in part, the claims set out in the request of 2 November 2010 sent to the appointing authority; (1.c) the decision rejecting, whether in whole or in part, the claims set out in the request of 6 December 2010 sent to the appointing authority; (1.d) the decision rejecting, whether in whole or in part, the claims set out in the request of 3 January 2011 sent to the appointing authority; (1.e) the decision rejecting, whether in whole or in part, the claims set out in the request of 3 February 2011 sent to the appointing authority;
EN Official Journal of the European Union C 65/27

Action brought on 29 December 2011 — ZZ v Commission

(Case F-144/11)

2012/C 65/53

Language of the case: Spanish

Parties

Applicant: ZZ (represented by: I. Ruiz Garcia, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to admit the applicant to the selection tests following publication of a corrigendum to the notice of competition annulling the eliminatory mark for situational judgment test (d).

Form of order sought

— Annul decision EPSO/R/17/11 and the decision rejecting the applicant's candidature in application of the corrigendum;

— Invite the applicant to the second stage of the competition EPSO/AST/111/10;

— Award the applicant the sum of EUR 10 400 in damages with interest;
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Annul the decision of the selection board in competition EPSO/AST/111/10 not to include the applicant’s name on the list of successful candidates of that competition;
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Order the ERCEA to pay damages for the material harm sustained by the applicant, calculated on the basis of the salary difference between a CA3a and a CA3b, function group III, in respect of the whole period of his contract with the ERCEA, and for the non-material harm sustained by him, plus compensatory and default interest at the rate of 6.75% for the non-material and material harm sustained;
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in the alternative and if, contrary to all probability, the Tribunal should conclude that that no reinstatement was possible, such reinstatement being in the interests of neither the applicant nor the European Parliament, order the European Parliament to pay 36 months’ salary by way of compensation for material damage, or alternatively any other amount to be assessed ex aequo et bono, in addition to EUR 15 000 by way of compensation for non-material damage;
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annul the decision of 1 September 2011 by which the EMA rejected the applicant’s request of 22 August 2011 for renewal of his temporary staff contract;
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Order the EEAS to pay the applicant an amount fixed ex aequo et bono at EUR 6 000 by way of compensation for the non-material and professional damage he has suffered, with interest for delayed payment at the legal rate from the date at which that amount becomes due;
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in the alternative, declare that the defendant is obliged, from the date on which the applicant’s pension becomes payable, to pay to the applicant compensation for the amount by which the applicant’s pension is reduced in relation to the pension which he would receive if pension contributions at the statutory rate had been paid towards the State pension for the period from 1 April 2008 to 31 August 2009.
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to the extent necessary, annul the decision rejecting the applicant’s complaint of 2 May 2012 against the decision determining the accreditation in the European Union pension scheme of the applicant’s pension rights acquired before his entry into service;
EN Official Journal of the European Union C 287/41

Action brought on 20 July 2012 — ZZ and ZZ v Commission

(Case F-75/12)

2012/C 287/76

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Action for annulment of the decisions calculating the entitlement to pension rights, acquired before entry into service with the European Commission, to be credited and, if necessary, the decisions rejecting the complaints submitted by the applicants

Form of order sought

The applicants claim that the Civil Service Tribunal should:

— annul the decisions calculating the entitlement to pension rights, acquired before entry into service with the European Commission, to be credited to them;

— if necessary, annul the decisions rejecting their complaints and requiring application of the GIP and the actuarial rates in force at the time when they applied to have their pension rights transferred;
EN Official Journal of the European Union C 379/35

Action brought on 4 October 2012 — ZZ and Others v Commission

(Case F-112/12)

2012/C 379/59

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of decisions on the transfer of the applicants’ pension rights under the European Union pension scheme which applies the new general implementing provisions concerning Articles 11 and 12 of Annex VIII to the Staff Regulations.

Form of order sought

— Annul the decisions transferring the applicants’ pension rights under Article 11(2) of Annex VIII to the Staff Regulations acquired before entry into service with the European Commission;

— where necessary, annul the decisions rejecting their complaints, which are identical, directed against the decisions transferring their pension rights;
EN Official Journal of the European Union C 343/24

Action brought on 18 September 2012 — ZZ v Committee of the Regions

(Case F-99/12)

2012/C 343/42

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi, A. Blot, avocats)

Defendant: Committee of the Regions

Subject-matter and description of the proceedings

Annulment of the decision of the Committee of the Regions rejecting the applicant’s request that the calculation of his pension rights not be made under the new GIP.

Forms of order sought

— by way of principal claim, annul the decision of the Committee of the Regions of 1 December 2011 rejecting the applicant’s request of 13 July 2011, as completed on 16 August 2011;

— so far as necessary, annul the decision dated 8 June 2012 expressly rejecting the applicant’s claim dated 10 February 2012;

— in the alternative, recognise the non-pecuniary loss suffered and order the defendant to pay the amount of EUR 20 000;
EN Official Journal of the European Union C 26/76

Action brought on 14 November 2012 — ZZ v Commission

(Case F-139/12)

2013/C 26/158

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of EPSO not to include the applicant in the list of persons who have passed the tests at the end of the training programme which is part of the certification procedure and a claim for damages.

Form of order sought

— Declare the action admissible and well-founded;

— annul the contested measure;

— order the Commission to pay the applicant EUR 10 000 as compensation for the damage suffered;
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Annul the decision of 4 January 2012 of the AECE to reject the applicant’s request that her contract as a member of the contract staff for auxiliary tasks be reclassified as a temporary contract for an indefinite period;
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Accordingly, a declaration of the applicant’s right to be included on the reserve list for the filling of posts relating to competition EPSO/AD/206-207/11- AD5/AD7 – Administrators, in the field of economics, Official Journal C 82 A of 16 March 2011, with a sufficient period of validity, equivalent to that of those candidates who were initially included, including reopening that list in the event that it is closed on the date judgment is delivered;
EN Official Journal of the European Union C 71/30

Action brought on 7 December 2012 — ZZ v EMCDDA

(Case F-148/12)

2013/C 71/52

Language of the case: French

Parties

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

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Subject-matter and description of the proceedings

Annulment of the decision determining the applicant’s appraisal report in respect of the period from 1 January to 31 December 2011

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 9 March 2012 determining the 2012 appraisal report, which covers the period from 1 January to 31 December 2011;

— So far as necessary, annul the implied decision of 26 October 2012 of the Authority Authorised to Conclude Contracts rejecting the applicant’s complaint seeking the revision of his 2012 appraisal report;
EN Official Journal of the European Union C 108/40

Action brought on 5 February 2013 — ZZ v Parliament

(Case F-12/13)

2013/C 108/94

Language of the case: English

Parties

Applicant: ZZ (represented by: C. Bernard-Glanz)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision of the Secretary-General of the European Parliament rejecting the applicant’s claim of harassment.

Form of order sought

The applicant claims that the Tribunal should

— Annul the decision of the Secretary-General of the European Parliament of 8 May 2012, rejecting her complaint to the Advisory committee on harassment and its prevention at the workplace and concluding that she was not harassed by her former Head of Unit;

— annul the decision of the President of the European Parliament of 29 October 2012, rejecting the complaint lodged on 6 August 2012 pursuant to Article 90(2) SR;
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Annul the decision of 23 March 2012 not to confirm the applicant in his post as Head of Unit and to transfer him with his post to the Directorate General for Internal Policies;
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Order the European Investment Bank (‘the EIB’) to pay to each applicant, in compensation for the material damage (i) the balance of salary corresponding to the application of the annual adjustment for 2013, that is, an increase of 1.8 %, for the period from 1 January 2013 to 31 December 2013; (ii) the balance of salary corresponding to the consequences of the application of the annual adjustment of 1.8 % for 2013 on the amount of the salaries which will be paid from January 2014; (iii) default interest on the balances of salaries due until full payment of the amounts due, with the default interest rate to be applied calculated on the basis of the rate fixed by the European Central Bank for its main refinancing operations, applicable for the relevant period, increased by three points and (iv) damages on account of the loss of purchasing power; the overall material damage being assessed, provisionally, for each applicant at EUR 30 000;
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Order the defendant to pay the costs of the proceedings in accordance with Article 87 of the Rules of Procedure and the expenses necessarily incurred for the purpose of the proceedings, in particular the cost of having an address for service, travel and subsistence expenses and lawyers’ fees in accordance with Article 91(b) of those Rules.
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Annul: (a) the decision of 18 December 2012 in so far as the Appeals Committee, under Article 22 of the Staff Regulations and Note to Staff No 715 HR/P&O/2012-0103 of 29 March 2012, dismissed the appeal against the applicant’s staff report for 2011; (b) the part of that staff report containing the appraisal, in so far as the applicant’s performance is not summarised as ‘Exceptional’ or ‘Very good’ and in so far as no proposal is made to promote him to Function D, together with the part which sets his objectives for 2012; (c) all connected, consequent and prior measures, including the promotions referred to in the note from the Director of Human Resources ‘2011 staff appraisal exercise, award of promotions and titles’ of May 2012, given that, in view of the appraisal made by the applicant’s line managers and challenged in this action, the EIB failed to take him into consideration in the point ‘Promotions from Function E to D’;
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if necessary, annul the decision of the authority empowered to conclude contracts of 31 January 2013 confirming the termination of the applicant’s contract and the decision of the authority empowered to conclude contracts of 24 April 2013 specifically rejecting the applicant’s complaint;
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annul the decision of 26 November 2012 — and that of 27 June 2013 confirming it — concerning the calculation of accredited pension rights acquired by the applicant before his entry into service, in the context of the transfer of those pension rights in the pension scheme of the institutions of the European Union, pursuant to the general implementing provisions of Article 11(2) of Annex VIII of the Staff Regulations of 3 March 2011;
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annul the decision of the PMO of 4 October 2012 refusing the applicant the benefit of the expatriation allowance in accordance with Article 4 of Annex VII to the Staff Regulations;
EN Official Journal of the European Union C 15/21

Action brought on 22 October 2013 — ZZ and Others v Court of Auditors

(Case F-105/13)

2014/C 15/32

Language of the case: French

Parties

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

Defendant: Court of Auditors

Subject-matter and description of the proceedings

Application for annulment of the decision of the Court of Auditors of 13 December 2013 not to refer the matter to the Court of Justice in order to request it to examine whether Ms S., at that time a Member of the Court of Auditors, no longer fulfilled the requisite conditions or met the obligations arising from her office and not to rule on the complaints of the applicants, not to take any measures which may publicly recognise the harassment that they have sustained, their suffering and to take steps to restore their good names, their credibility and dignity and to compensate the material and non-material damage suffered.

Form of order sought

— Annul the decision of the Court of Auditors of 13 December 2013, acting as appointing authority, not to rule on the complaints of the applicants, not to take any measures which may publicly recognise the harassment that they have sustained, their suffering and to take steps to restore their good names, their credibility and dignity and to compensate the material and non-material damage suffered;
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Annul the decision rejecting the applicants’ application of 20 December 2012 seeking to reclassify their employment contracts as members of the temporary staff for a fixed-term for the purposes of Article 2(a) of the Conditions of Employment of other Servants of the European Communities (CEOS) as employment contracts for an indefinite duration under Article 8 of the CEOS from the date of their actual entry into force;
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Annul the decision of the Appointing Authority refusing to recognise the legal validity of the decision of the local Staff Committee in Luxembourg revoking the authority granted to a representative to represent it within the Commission’s Central Staff Committee;
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as a consequence: — reinstate the applicant in the post which she held or in another post suitable to her competencies within EEA by way of extension of her contract in accordance with the requirements of the regulations; — alternatively, and in the event that the claim for reinstatement set out above is not upheld, order the defendant to compensate the applicant for the material damage suffered, provisionally estimated ex aequo et bono at the difference between the remuneration which she received as a member of the contract agent staff within EEA at the very least for a length of time similar to that of her initial contract (three years);
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Fix at EUR 45 000, together with default interest, the amount of compensation due to the applicant in the event that the Commission is, lawfully, unable to reinstate the applicant for the period of one year;
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Annul the decision ESMA/2013/ED/33 concerning the non-renewal of the employment contract as well as the appraisals for 2011 and 2012;
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grant the Applicant compensation for his material prejudice consisting of the difference between, on the one hand, the unemployment allowance which he will perceive from April 2014 and, after that, any potential replacement income or lack thereof and, on the other hand, his full salary, including all allowances, of 7 850,33 euros until the date of his full reintegration within the Agency (plus interest for late payment at the rate of 3 points above the European Central Bank rate);
EN Official Journal of the European Union C 292/62

Action brought on 3 June 2014 — ZZ v EEAS

(Case F-51/14)

2014/C 292/81

Language of the case: French

Parties

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

Defendant: EEAS

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AST 3 in the 2013 promotion exercise and seeking damages for the non-material loss allegedly suffered.

Form of order sought

— Annul the decision of 9 October 2013 fixing the list of officials promoted in the 2013 promotion exercise;
EN Official Journal of the European Union C 235/34

Action brought on 26 May 2014 — ZZ v EMCDDA

(Case F-22/14)

2014/C 235/45

Language of the case: English

Parties

Applicant: ZZ (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Subject-matter and description of the proceedings

The annulment of the decision rejecting the applicant’s request that she be found to have suffered psychological harassment at the hands of her immediate superior and, second, the decision not to renew her contract, and of two other decisions rejecting her complaints against her superiors. The applicant accordingly also requests that a new investigation be carried out and seeks compensation for the material and non-material harm allegedly caused.

Form of order sought

— Annul the decision of the applicant’s EMCDDA Director of 11 September 2012 rejecting the applicant’s request;

— annul the decision of 14 September 2012 not to renew the applicant’s contract;

— annul the decision of the Chairman of the Management Board of the EMCDDA of 13 May 2013 and that of the applicant’s EMCDDA Director of 25 June 2013 which rejected the applicant’s allegations in her complaint of 10 December 2013;

— order a new regular, unbiased and impartial investigation;

— grant compensation for the material prejudice suffered by the applicant, estimated at EUR 4 30 202;

— grant compensation for the moral prejudice suffered by the applicant, estimated at EUR 1 20 000;
EN Official Journal of the European Union C 421/58

Action brought on 12th June 2014 — ZZ v Commission

(Case F-53/14)

2014/C 421/84

Language of the case: English

Parties

Applicant: ZZ (represented by: V. Simeons, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decisions withdrawing both the dependent child allowance that was granted to the applicant in favour of her mother and the covering by the Joint Sickness Insurance Scheme of the European institutions (JSIS), and the annulment of the decisions to recover the sums paid to the applicant.

Form of order sought

— Annul the three PMO.1 decisions of 20 August 2013, which revoked the decisions initially granting her the allowance for the maintenance of the applicant’s mother in the period from 1 March 2010 until 28 February 2013 (decisions of 11 May 2010,5 May 2011 and 16 January 2012);

— annul the decision of PMO.3 of 25 September 2013 revoking the JSIS coverage of her mother and informing her about the recovery of the reimbursement of the medical expenses;

— annul the decision of PMO.l of 23 October 2013 on the recovery of the overpaid sums under Article 85 of the SR;

— so far as it is necessary, annul the decision of 12 March 2014 rejecting the complaint;