ddrg/super_eurlex huggingface dataset:
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Order the Court of Justice to refund the difference between the amounts of salary paid pursuant to Regulation No 1296/09 until the date on which the judgment is delivered in the present case and the amounts which should have been paid to them if the adjustment had been calculated correctly, plus interest at the rate set by the European Central Bank for principal refinancing operations applying during the periods concerned, plus three and a half points; that interest to be paid from the date on which the principal sums claimed fell due;
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order the Council to compensate the applicant for his financial loss in an amount equivalent to the loss of remuneration resulting from the manifestly unlawful application of Regulation No 1296/2009, to which must be added reimbursement of the special monthly charge deducted since January 2010 pursuant to Article 66a of the Statute, the rate of which was wrongly fixed in the light of that regulation. That amount is estimated, subject to the Civil Service Tribunal’s interpretation, at EUR 30 000;
EN Official Journal of the European Union C 72/34

Action brought on 22 October 2010 — Gross and Others v Court of Justice

(Case F-106/10)

2011/C 72/55

Language of the case: French.

Parties

Applicants: Ivo Gross (Luxembourg, Luxembourg) and Others (represented by: J. Kayser, lawyer)

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Annulment of the decisions set out in the applicants’ salary adjustment slips for the period from July to December 2009 and in the salary slips issued since 1 January 2010 within the framework of the annual adjustment of the remuneration and pensions of officials and other servants pursuant to Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Form of order sought

— Annul the appointing authority’s decisions adjusting the applicants’ remuneration, as reflected in the retroactive salary adjustment slips 12/2009, issued in 2010, salary slips 1/2010, 2/2010, 3/2010, 4/2010, 5/2010, 6/2010, 7/2010, 8/2010, 9/2010 and all of the salary slips issued subsequently until the date of the final decision bringing the present proceedings to an end, in so far as they unlawfully apply a salary adjustment rate of 1.85 % instead of a rate of 3,7 %;
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Decide and declare that the employment relationship of the applicants was established in clear breach of Law No 1369/60 of the Italian State and, consequently, declare that each of the employment relationships of the applicants was as an employee of the European Commission under the appropriate contractual, remunerative and social security conditions for the duties carried out, for each of the applicants, from the date of the commencement of those duties or such other date as may be decided in the course of the proceedings;
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in so far as necessary, annul the decision of the appointing authority not to promote the applicant to Grade AD12 under the 2010 promotion procedure;
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Annul the decision of the appointing authority not to include the applicant in the list of those promoted to grade AD 13 in the 2010 promotion exercise, as that decision was made known in the Staff Note No 80/10 of 26 April 2010 and the Staff Note No 81/10 of 26 May 2010;
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Order the defendant to make good the material and non-material loss suffered by the applicant through the conduct of OHIM, fixed provisionally, without obligation and without prejudice inter alia to possible increase during proceedings, at EUR 6 113,79 for the material loss and EUR 30 000,00 for the non-material loss;
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annul the report and the conclusions adopted on 30 June 2010 by the Committee of Inquiry, in so far as it did not undertake any investigation into the conduct of the Appeals Committee and its members, in so far as it defined mobbing and, finally, in so far as it dismissed the appeal, limited its activity to investigating the conduct of only a few people and arbitrarily ruled out investigation of some the circumstances surrounding the complaint;
EN Official Journal of the European Union C 290/20

Action brought on 28 July 2011 — ZZ v Commission

(Case F-74/11)

2011/C 290/29

Language of the case: English

Parties

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

Defendant: European Commission

The subject matter and description of the proceedings

The annulment of the Authority Authorised to Conclude Contracts of the Commission terminating the contract of employment of indefinite duration of the applicant.

Form of order sought

The applicant claims that the Court should:

— annul the decision of the Authority Authorised to Conclude Contracts of the Commission, terminating her contract of employment of indefinite duration and, so far as necessary, annul the decision rejecting the complaint;
EN Official Journal of the European Union C 252/57

Action brought on 3 July 2011 — ZZ v Parliament

(Case F-65/11)

2011/C 252/127

Language of the case: German

Parties

Applicant: ZZ. (represented by O. Mader, lawyer)

Defendant: European Parliament

Subject-matter and description of the dispute

Annulment of the decision of the European Parliament whereby the applicant was awarded only 2 promotion points in respect of the promotions year 2004, in which he was seconded to the European Court of Auditors.

Forms of order sought

The applicant claims that the Civil Service Tribunal should:

— Annul the defendant’s decision of 19 July 2010 not to award the applicant a third promotion point for 2004, and annul the defendant’s decision of 28 April 2011, dismissing the applicant’s complaint against the decision of 19 July 2010;

— Order the defendant to pay the applicant compensation for non-material damage suffered by him, of an amount to be assessed in the discretion of the Tribunal;
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in the alternative, in the event that the main claim is not upheld, quod non, pay the applicant an amount fixed provisionally and ex aequo et bono at EUR 50 000;
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Order EASA to pay the applicant an amount fixed ex aequo et bono at EUR 350 000,00 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;
Official Journal of the European Union

Action brought on 25 October 2011 — ZZ v Commission

(Case F-113/11)

(2012/C 25/134)

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 August 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 30 August 2010;

— declare that Note Ares (2011)217354 is legally non-existent or, in the alternative, annul that measure (in either case, quatenus opus est);

— annul the decision issued by the Commission rejecting, howsoever, the claims set out in the complaint of 14 March 2011;
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Annul the decision of the Director-General of OLAF of 29 June 2011 to reject the applicant’s complaint against rejection of the applicant’s request for the extension of the applicant’s contract as a member of the temporary staff within the meaning of Article 2(b) of the Conditions of Employment;
EN Official Journal of the European Union C 65/26

Action brought on 27 December 2011 — ZZ v Council

(Case F-142/11)

2012/C 65/51

Language of the case: English

Parties

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

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AD9 after succeeding in competition EPSO/AD/113/07 ‘Heads of unit (AD9) in the field of translation having Czech, Estonian, Hungarian, Lithuanian, Latvian, Maltese, Polish, Slovak and Slovene as their main language’, and an application for damages

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the decision of 9 December 2010 and the subsequent decision of 7 October 2011;

— order the Council to pay the applicant damages;
EN Official Journal of the European Union C 65/23

Action brought on 5 December 2011 — ZZ v Commission

(Case F-132/11)

2012/C 65/43

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 request (i) to inform him in writing of the total number of working days of leave accrued in the years prior to 2005 and in the period from 2005 to 2010 to which he was entitled on the date on which he submitted his request and the number of working days leave to which he would be entitled by the end of 2010; (ii) to take all those days leave; and (iii) to notify him of any grounds on which those request may be refused.

Form of order sought

— Annul the decision, issued by — or, in any event, attributable to — the Commission rejecting the claims set out in the request of 25 September 2010 which was sent to the appointing authority;

— In so far as necessary, declare that there is no legal basis for, or annul, Note Ares(2011) 217354 as registered on 28 February 2011, received by the applicant on a date not before 6 April 2011;

— Annul the decision issued by the Commission — whatever the form in which it was adopted — rejecting the claims set out in the complaint of 25 April 2011;
EN Official Journal of the European Union C 133/31

Action brought on 5 March 2012 — ZZ and Others v Commission

(Case F-29/12)

2012/C 133/62

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions to transfer pension rights acquired before entry into service at the Commission on the basis of the proposal recalculated by the PMO.

Form of order sought

— declare Article 9 of the General Implementing Provisions of Article 11(2) of Annex VIII of the Staff Regulations to be unlawful;

— annul the decisions annulling and replacing the applicants offers concerning the crediting of pension rights;

— annul the decisions to apply to the applicants’ applications to transfer pension rights the parameters referred to in 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 implied decision of the selection board in open competition EPSO/AD/207/11 of 3 December 2011 rejecting the request for review made by the applicant on 3 August 2011, against the earlier decision of that selection board not to invite the applicant to the assessment centre stage, communicated to the latter by letter from ESPO dated 26 July 2011;
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order the Court of Auditors to pay compensation for the purposes of making good the non-material damage suffered in the amount of EUR 50 000 and the material damage suffered in the amount of, on the one hand, the difference between the amount of remuneration to which the applicant would have been entitled if he had had an average career progression and his current grade and, on the other hand, the difference between the amount of remuneration to which he would have been entitled if he had continued his career until the statutory retirement age and his current pension;
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The annulment of the implicit decision of 25th March 2011 and of the explicit decision adopted by PMO on 11th July 2011, confirmed by the decision of 9th November 2011 rejecting the complaint, insofar as they reject the request of the applicant to be granted the dependent child and education allowances for his wife's three children for the period in which they were still living in the Philippines;
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Annul the Commission’s decision of 17 August 2011 to refuse the applicant’s application of 20 July 2011, concerning his wife’s child, for family allowance and the advantages resulting therefrom and annual travel expenses;
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Annul the decision containing the proposals for transfer of the applicants’ pension entitlements in the context of their application under Article 11(2) of Annex VIII to the Staff Regulations, which contains a proposal calculated on the basis of the general implementing provisions adopted on 3 March 2011;
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Annul the decision of 17 October 2011 terminating the validity of reserve list EPSO AD/60/06 on 31 December 2011 in relation to the applicant and the decision of 10 May 2012 issued in response to the applicant’s complaint No R/147111, and extend the validity of reserve list EPSO AD/60/06 in relation to the applicant by the period that she spent on maternity and parental leave while that list was valid, that is to say, by the period of 3 years and 46 days;
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Annul the decision of the European Commission of 13 October 2011 concerning the conversion of merit points acquired by the applicant in another institution, together with Administrative Notice No 48/2011 of 27 October 2011 publishing the list of officials promoted in the 2011 appraisal and promotion exercise, which does not include the name of the applicant;
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To annul the decision of 20 January 2012 not to include the Applicant on the reserve list of the competition EPSO/AD/204/10;
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Annul the decision of 21 June 2011 to apply the parameters set out in the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 to the applicant’s application for transfer of pension rights;
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Annul the decision of EPSO not to include the applicant on the list of persons having passed the final exams of the training course forming part of the certification process;
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acknowledge that throughout that case he, as well as his family, was a victim of serious infringements of his fundamental human rights and that he suffered serious professional, non-pecuniary and pecuniary damage which is reparable only with difficulty and that, therefore, he is entitled to obtain compensation for that damage.
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Annul the contested decision of ECDC of 24.2.2012 to dismiss the applicant, so that, in order to comply with such judgment, ECDC shall be required under Article 266 TFEU to re-instate him in the service and pay him all emoluments he would have received from the date of effect of the contested decision together with default interest at the rate laid down by the European Central Bank for its main refinancing operations applicable during the period concerned, increased by two percentage points, minus the monetary compensation he has received and the unemployment allowance he will until his re-instatement have received;
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in so far as necessary, annul the decision rejecting his complaint of 3 September 2012 directed against the decision fixing the calculation of his pension rights acquired before his entry into service in the EU pension scheme;
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grant the applicant the sum fixed ex aequo et bono and provisionally at one euro for material loss sustained and at one euro for non-material loss sustained;
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in the alternative, order the Commission to compensate the applicant in the amount of the sums overpaid, as from the day on which the irregularity was discovered but not corrected, or, in any event, at least in the amount of the sums overpaid from the month of November 2010, when the applicant’s multiplication factor alone was corrected;
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Annul the decision of 20 July 2012 No 63/12 of the General Secretariat of the Council concerning the list of officials proposed for promotion during the 2012 session in which the applicant’s name did not appear and annul the decision of the Appointing Authority of 11 February 2011;
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In so far as necessary, annul the decisions rejecting the claims relating to the application of the GIP and the actuarial rates in force at the time of their application for transfer of their pension rights;
EN Official Journal of the European Union C 233/14

Action brought on 24 June 2013 — ZZ v EEAS

(Case F-59/13)

2013/C 233/23

Language of the case: French

Parties

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

Defendant: European External Action Service

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s application to have his successive fixed-term employment contracts reclassified as a contract of indefinite duration and to have his period completed as an auxiliary member of the contract staff recognised as a period of service completed as a member of the contract staff.

Form of order sought

— Annul the decision rejecting the applicant’s application;

— Reclassify his contract of an auxiliary member of the contract staff as a contract of indefinite duration of a member of the contract staff under Article 3a of the CEOS;
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annul the decisions of 28 September and 4 October 2012 to calculate accredited pension rights acquired by the applicant before he took up his post, in connection with the transfer of those rights into the pension scheme of the institutions of the European Union, on the basis of the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
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Annul the decision of 15 February 2013 to add a bonus to the pension rights acquired by the applicant before her entry into the service, on the transfer thereof to the pension scheme of the European Union institutions (‘EUIPS’), by application of the General Implementing Provisions (‘GIP’) of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
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order the defendant to pay the applicant the difference between the amount of remuneration that she would have been entitled if she had remained in her post with the defendant and the amount of remuneration, fees, unemployment benefits or any other substituted payment which she has actually received since 1 April 2013 to replace the remuneration which she received as a temporary staff member;
EN Official Journal of the European Union C 15/21

Action brought on 4th November 2013 — ZZ v ENISA

(Case F-109/13)

2014/C 15/33

Language of the case: English

Parties

Applicant: ZZ (represented by: L. Levi and A. Tymen, lawyers)

Defendant: Agence européenne chargée de la sécurité des réseaux et de l’information (ENISA)

Subject-matter and description of the proceedings

The annulment of the Decision terminating the Applicant’s contract of employment and as a consequence, to order to the Defendant her reintegration, the payment of her financial benefits since the entering into effect of the contract termination until her reintegration, with the deduction of her possible income for the same period, increased by late interests calculated at the rate of the European Central Bank plus 3 points, and, finally, to order the Defendant to compensate the moral prejudice of the Applicant.

Form of order sought

— Annul the decision of 31 January 2013 terminating the Applicant’s contract of employment;

— annul the decision of 22 August 2013 rejecting the Applicant’s complaint;

— as a consequence, to order to reintegrate the Applicant and to pay her financial benefits since the entering into effect of the contract termination until her reintegration, with the deduction of her possible income for the same period, increased by late interests calculated at the rate of the European Central Bank plus 3 points;

— to compensate the moral prejudice of the Applicant evaluated, ex aequo et bono, at 10 000 euros;
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order the Commission to pay to the applicant the following sums: (1) EUR 500.00, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 August 2012 until actual payment of that sum; (2) EUR 504.67, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 September 2012 until actual payment of that sum; (3) EUR 504.67, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 October 2012 until actual payment of that sum; (4) EUR 504.67, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 November 2012 until actual payment of that sum; (5) EUR 504.67, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 December 2012 until actual payment of that sum; (6) EUR 504.67, together with interest on that sum at the rate of 10 % per annum and annual capitalisation, with effect from 1 January 2013 until actual payment of that sum;
EN Official Journal of the European Union C 52/53

Action brought on 16 December 2013 — ZZ v Commission

(Case F-121/13)

2014/C 52/104

Language of the case: French

Parties

Applicant: ZZ (represented by: D. de Abreu Caldas and J.-N. Louis, 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 applying the new GIPs to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought

— Annul the decision of 15 April 2013 calculating the bonus on his pension rights acquired before his entry into the service of the Commission;
EN Official Journal of the European Union C 31/22

Action brought on 20 November 2013 — ZZ v Commission

(Case F-111/13)

2014/C 31/39

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the EPSO decision not to admit the applicant to the selection phase of Competition EPSO/AD/231/12 (AD7) and to reclassify him Competition EPSO/AD/230/12 (AD5) and of the decision to enter him on the reserve list for the abovementioned AD5 competition, as well as damages for non-pecuniary harm allegedly suffered.

Form of order sought

— annul the act of 16.7.2012, the act of 3.9.2012, 3.12.2012 the act of 13.2.2013, the act of 15.3.2013 and, in so far as necessary, the acts dismissing the applicant’s claims of 21.8.2013 and 2.10.2013;

— order the Commission to compensate the applicant in the amount of EUR 300 580;
EN Official Journal of the European Union C 85/28

Action brought on 31 January 2014 — ZZ v EIB

(Case F-8/14)

2014/C 85/50

Language of the case: French

Parties

Applicant: ZZ (represented by: A. Senes and L. Payot, lawyers)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the decision refusing to promote the applicant from function F to function E.

Form of order sought

— Annul the decision of the Adjudication Committee of 23 October 2013;
EN Official Journal of the European Union C 184/43

Action brought on 24 March 2014 — ZZ v EEAS

(Case F-27/14)

2014/C 184/72

Language of the case: French

Parties

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

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Annulment of the decision by which the applicant was removed from his post without reduction of his entitlement to a pension, with effect from 1 February 2014, following disciplinary proceedings taken after the indictment of the applicant by the national authorities for European public procurement fraud, forgery and use of forgery, money laundering and corruption.

Form of order sought

— Annul the decision of 16 January 2014 by which the EEAS removed the applicant from his post, without reduction of his entitlement to a pension;
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Annul, so far as is necessary, the decision of 6 December 2013 rejecting the applicant’s complaint;