ddrg/super_eurlex huggingface dataset:
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Annul the decision of 1 October 2010, adopted by the Director General of DG A Personnel and Administration of the Council of the European Union in implementation of the judgment of 5 May 2010 in Case F-53/08, rejecting the applicant's candidature for promotion to grade AST7 under the 2007 promotion exercise;
EN Official Journal of the European Union C 282/53

Action brought on 25 July 2011 — ZZ v Commission

(Case F-73/11)

2011/C 282/101

Language of the case: English

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision not to admit the applicant to the assessment centre stage of the open competition EPSO/AD/181/10.

Form of order sought

The applicant claims that the European Union Civil Service Tribunal should:

— Annul the decision of the European Personnel Selection Office (hereinafter, EPSO) of 20 August 2010 and 15 September 2010, informing him that he was not admitted to the assessment centre stage of the open competition EPSO/AD/181/10 (hereinafter, the contested decision);

— together with, and so far as necessary, annul the EPSO decision of 15 April 2011, rejecting his complaint of 10 November 2010 against the aforementioned decision (hereinafter, the rejection decision);

— consequently, order his reintegration into the selection process, if necessary by the implementation of a new round of tests;
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Annul the two decisions that are implicit in the salary statement for March 2011 and adversely affect the applicant, namely (i) the decision to deduct the amount of financial assistance paid by the Centre de Documentation et d’Information sur l’Enseignement Supérieur de Luxembourg from the education allowance received by the applicant and (ii) the decision to recover amounts unduly received concerning the amount of education allowances received between October 2010 and February 2011;
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indicate to the appointing authority the effects of the annulment of the contested decisions, and, in particular, the date to be taken as that on which the judgment pronouncing the applicant’s divorce from his ex-wife took effect, namely the date of the transcription of the judgment, which took place on 26 April 2011;
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Annul the decision of 28 October 2011 by which OLAF, acting through its General Director, invited the applicant to attend an interview that was to take place on 1 and 2 December 2011 in the premises of OLAF, in Brussels, at eight o’clock in the morning, within the framework of the ‘internal’ investigation concerning reference OF/2010/0207 and notified her that a report terminating the investigation would be drawn up without first giving her the opportunity to be heard if she did not take up that invitation, as that infringes her right to a fair hearing and her fundamental rights;
Official Journal of the European Union

Action brought on 24 November 2011 — ZZ v FRONTEX

(Case F-124/11)

(2012/C 25/141)

Language of the case: English

Parties

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

Defendant: European Agency for the Management of Operational Cooperation at the External Borders (FRONTEX)

Subject-matter and description of the proceedings

The annulment of the decision to revoke a previous decision concerning the renewal of the contract of employment of the applicant.

Form of order sought

The applicant claims that the European Union Civil Service Tribunal should:

— Annul the decision of 28 March 2011 of the Executive Director of FRONTEX;

— annul the decision of 11 August 2011 of the FRONTEX Executive Director;
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in respect of the material damage caused to the applicant, award the applicant a sum — up to the date on which the decision on the applicant’s classification at the grade appropriate to the applicant’s professional experience and seniority is properly adopted — comprising the full difference (EUR 3 051,43 per month or an amount to be determined by experts) between the amounts corresponding to the applicant’s classification in accordance with the recruitment decision and the classification to which the applicant would have been entitled, together with default interest to the date of the decision on the applicant’s correct classification in grade, at the rate set by the European Central Bank;
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Order the Commission to pay to the applicant the sum of EUR 6 per day for each additional day which, from the 181st day after 17 August 2011, passes while the abovementioned abstention persists, up until the 270th day after 17 August 2011, it being necessary for that sum of EUR 6 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;
EN Official Journal of the European Union C 184/22

Action brought on 23 February 2012 — ZZ v ECB

(Case F-26/12)

2012/C 184/47

Language of the case: English

Parties

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

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the ECB decision rejecting the applicant’s requests to document access and the claim for damages.

Form of order sought

The applicant claims that the Tribunal should:

— annul the ECB decisions rejecting the requests to document access of the applicant, i.e. the decision dated 21 June 2011 by which the application of the applicant for access to documents has been rejected, the decision of the Director General dated 12 August 2011 and the decision of the President of the European Central Bank dated 12 December 2011;

— order the ECB to pay a compensation, evaluated ex aequo et bono at EUR 10 000, for the moral prejudice suffered;
EN Official Journal of the European Union C 184/25

Action brought on 2 April 2012 — ZZ and ZZ v Commission

(Case F-44/12)

2012/C 184/55

Language of the case: French

Parties

Applicants: ZZ and 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 proposals to transfer pension rights acquired before entry into service with the Commission on the basis of the calculation taking into account the new GIP entering into force after the applications for transfer by the applicants.

Form of order sought

— Annul the decisions rejecting the applicants’ complaints and requiring the application of the GIP and the actuarial rates in force when they applied to transfer their pension rights;

— If necessary, annul the decisions concerning the calculation of the pension rights acquired before entry into service with the Commission to be credited;
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annul the Commission decision of 24 May 2011 and the explicit decision rejecting the applicant’s complaint of 24 October 2011, and order the Commission to pay the daily subsistence allowance.
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Declare that there is no legal basis for or, in the alternative, annul the undated note, bearing in the top right hand corner of the first of its two pages, the reference ‘Ref Ares (2011)217354 — 28/02/2011’ (sic), the details and content of which first came to the applicant’s attention on a date not before 6 April 2011;
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Annul the decisions of 20 July 2011 of the Deputy Secretary General, General Affairs, Human Resources and Internal Affairs, in so far as the multiplication factor resulting from the applicants’ promotion to grade AST 6/1 with effect from 1 April 2011 established by those decisions is the one that had been fixed for them on 1 April 2009 and not the one fixed for them on 24 March 2011 with effect from 1 April 2011;
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Annul the decision of the European Medicines Agency of 15 September 2011 not to award the applicant an invalidity allowance because of his total permanent invalidity preventing him from performing the duties corresponding to a post in his function group and his grade;
EN Official Journal of the European Union C 138/33

Action brought on 4 February 2012 — ZZ v European Court of Auditors

(Case F-14/12)

2012/C 138/75

Language of the case: German

Parties

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

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Annulment of the defendant’s decisions not to promote the applicant to grade AD 13 in the 2011 promotion procedure

Form of order sought

The applicant claims that the Tribunal should:

— annul the defendant’s decision of 26 May 2011 not to promote the applicant to grade AD 13 in the 2011 promotion procedure;

— annul the defendant’s decision of 18 November 2011 confirming the number of posts available for promotion to grade AD 13 in 2011, with the result that the applicant’s complaint against the decision of 26 May 2011 was rejected;
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consequently, — order the defendant to pay the difference between the remuneration resulting from the Board of Directors’ decision of 14 December 2010 and the decisions of 9 November 2010 and 16 November 2011, and that paid in application of the preceding bonus system, with interest on arrears to be added to that difference in remuneration with effect from 22 April 2012 until full payment, the rate of interest being the ECB rate, increased by three percentage points; — order the defendant to pay damages for the loss suffered by reason of the loss of purchasing power, such loss being assessed equitably, and on a provisional basis, at 1.5% of the monthly remuneration of each applicant;
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in the alternative, order the Commission to compensate the applicant in the amount of EUR 172 236,42, or, in the further alternative, in the amount of the sums overpaid until the day on which the irregularity was discovered but not corrected, or, in the further alternative, in the amount of the sums overpaid until November 2010, when the applicant’s multiplication factor was eventually corrected;
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Annul the decision of 21 November 2011 of the authority empowered to conclude contracts rejecting the applicant’s application seeking reclassification of his contract as a member of the auxiliary staff as a contract as a member of the temporary staff;
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so far as necessary, annul the decision of the Appointing Authority of 6 June 2012 rejecting the applicant’s complaint directed against his non-promotion to AD12 for the 2008 and 2009 promotion exercises;
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Order the Council to pay the applicant the arrears of salary and pension to which he is entitled from 1 July 2011 together with late-payment interest calculated, with effect from the date on which the arrears fell due, at the rate fixed by the ECB for main refinancing operations increased by two points;
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Annul the decision taken by the Council dismissing the applicant and, so far as necessary, annul the rejection of his complaint against that decision;
EN Official Journal of the European Union C 71/31

Action brought on 21 December 2012 — ZZ v Parliament

(Case F-157/12)

2013/C 71/56

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Rodrigues and A. Tymen, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision to reassign the applicant and of the implied decision terminating, with retroactive effect, her duties as adviser to the Director of a directorate of the European Parliament and claim for compensation.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 20 June 2012 rejecting her complaint brought against the decision of 20 March 2012 to reassign her;

— annul the decision of the President of the European Parliament of 20 March 2012 which terminated, with retroactive effect from 15 March 2012, the applicant’s duties as adviser to the Director and which transferred her, from that date, to a department of another directorate as an adviser;

— acknowledge the damage suffered by the applicant on several levels (health, dignity, professional reputation, loss of equal opportunities in her career development) as a result of the instances of harassment and maladministration which have recurred since 2009;

— order that financial reparation be made for that damage by granting the applicant damages which may be equitably evaluated at EUR 400 000;
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annul the decision of 3 February 2012 to apply the parameters referred to in the General Implementing Provisions for Article 11(2) of Annex VIII of the Staff Regulations of 3 March 2011 to the transfer of the applicant’s pension rights;
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insofar as it is necessary, annul the decision of the appointing authority of the Commission of 4 October 2012, rejecting the complaint lodged by the applicant on 20 June 2012 under Article 90(2) of the Staff Regulations;
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order the Commission to pay to the applicant, for each month from March 2001 until the last month of his mission, if only de jure, carrying out duties in the EC Delegation in Angola, the sum arising from the difference (‘the difference in remuneration’) between what the applicant should have received if the correction coefficient for Angola, as referred to in Article 64 of the Staff Regulations and Articles 12 and 13 in Annex X to the regulations, had been applied de jure to his monthly salary, and what the applicant actually received by way of remuneration pursuant to Article 62 of the regulations;
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Annul the decisions of 28 June 2012 and 16 July 2012 under which the applicant is notified of the refusal of admittance to the pre-selection stage (‘assessment centre’) of Competition EPSO/AD/230-231/12 in which he participated;
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Annul the decision of 09.03.2012 of the Selection Board and of the European Personnel Selection Office (hereinafter ‘EPSO’), notified in the EPSO’s account in which it was confirmed not to include the applicant's name in the reserve list of the competition (EPSO competition EPSO/AD/205/10 (customs field), which was the reply to the ‘Request for review of reasoning tests’ presented by the applicant;
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order the defendant to pay compensation for the material damage (i) for the amount 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) for the amount of salary corresponding to the results of the application of the annual adjustment of 1.8 % for 2013 on the amount of salaries which will be paid as from January 2014; (iii) for default interest on the amount of salary due until complete payment of the amounts due, the applicable default interest rate to be calculated on the basis of the rate fixed by the European Central Bank for the principal refinancing transactions, applicable during the period concerned, plus three points; and (iv) for damages for the loss of purchasing power;
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Annul the Commission decision of 25 January 2013 received by the applicant on 28 January 2013 on the partial annulment of the PMO.1 decision of 30 March 2012 in so far as it limits to 1 March 2007 the applicant’s claim to be granted compensation for the material damage suffered because of the incorrect calculation of the allowance for living conditions to which the applicant has been entitled since 22 September 2002 and in so far as it takes account of the orphan’s pension of the applicant’s daughter between 1 March 2007 and 31 August 2008 for the purposes of calculating that compensation;
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Order ESMA to pay him, as compensation for the harm suffered, damages provisionally assessed ex aequo et bono at EUR 373 414 for the material harm and EUR 50 000 for the non-pecuniary harm;
EN Official Journal of the European Union C 274/30

Action brought on 28 June 2013 — ZZ v Court of Justice

(Case F-64/13)

2013/C 274/48

Language of the case: French

Parties

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

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Annulment of the applicant’s staff report concerning the period from 1 January 2008 until 31 December 2008, and order that the defendant pay compensation for non-material damage.

Form of order sought

— annul the applicant’s staff report for the period 1 January 2008 to 31 December 2008;

— annul the decision rejecting the complaint of 21 March 2013;

— order the defendant to pay EUR 58 000 for non-material damage
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Annul the decision of the Appointing Authority drawing up the list officials promoted in 2012 in so far as, firstly, it does not include the name of the applicant among the officials in grade AST 6, not attested, promoted to grade AST 7 and, secondly, it includes the name of another official;
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declare that the European Parliament is responsible for the material and non-material damage suffered by the applicants as a result of the contested decision, and award them compensation with respect to all of that damage;
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order Europol to pay the applicant the difference between, first, the amount of the remuneration which he would have earned if he had continued to be employed by Europol and, second, the amount of the remuneration, fees, unemployment benefit or any other allowance in lieu which he has in fact received since 1 October 2013 in place of the remuneration which he was receiving at Europol;
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Annul the decision of the European Commission of 29 October 2013 in response to the claim of the applicant (No R/485/13) refusing to grant her a survivor’s maintenance pension following the death of her former spouse;
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Order the defendant to pay the costs pursuant to Article 87 of the Rules of Procedure and to pay all necessary expenses incurred in the course of these proceedings, including travel and accommodation costs and lawyers’ fees, pursuant to Article 91B of those Rules.
EN Official Journal of the European Union C 184/40

Action brought on 7 February 2014 — ZZ v CdT

(Case F-12/14)

2014/C 184/65

Language of the case: French

Parties

Applicant: ZZ (represented by: N. Cambonie, D. Ciolino and E. Macchi, lawyers)

Defendant: Translation Centre for the Bodies of the European Union (CdT)

Subject-matter and description of the proceedings

Annulment of the decision of the Translation Centre for the Bodies of the European Union rejecting the request made by the applicant on the basis of Article 90(1) of the Staff Regulations to adopt a decision apologising to him and granting him compensation for the damage suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the CdT’s implied rejection, or otherwise annul the rejection in the letter produced by the lawyer representing the CdT containing the decision of 10 April 2013 and, so far as necessary, the confirmatory decision of the CdT of 8 November 2013 rejecting the applicant’s request for it to take a decision;

— declare the CdT liable for the damage suffered by the applicant, and consequently grant the applicant damages amounting to EUR 306 733,60 in respect of material loss and EUR 130 000 in respect of non-material loss, or any other, possibly greater, sum to be determined by the Tribunal, or else by expert evidence;
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Together with, and so far as necessary, the EMA’s decision dated 13 March 2014, rejecting the applicant’s complaint dated 19 November 2013 against the aforementioned decision;
EN Official Journal of the European Union C 212/46

Action brought on 19 May 2014 — ZZ v Commission

(Case F-45/14)

2014/C 212/60

Language of the case: French

Parties

Applicant: ZZ (represented by: D. de Abreu Caldas, M. de Abreu Caldas, 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 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 25 September 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 388/31

Action brought on 7 August 2014 — ZZ and Others v EEAS

(Case F-78/14)

2014/C 388/39

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: Dario de Abreu Caldas, Micael de Abreu Caldas and Jean-Noël Louis, lawyers)

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Annulment of the decisions not to promote the applicants to the next grade in the 2013 promotion procedure of the European External Action Service (EEAS)

Form of order sought

The applicants claim that the Tribunal should:

— annul the decisions of 9 and 14 October 2013 establishing the list of officials promoted under the 2013 promotion procedure,
EN Official Journal of the European Union C 388/28

Action brought on 17 June 2014 — ZZ v Parliament

(Case F-54/14)

2014/C 388/33

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision not to appoint the applicant to the post of legal advisor to the European Parliament.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision to appoint another person as legal advisor;

— fix, as appropriate, on equitable principles, an amount of damages to compensate the applicant for the various breaches of administrative duty noted;
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order the defendant to award the applicant an amount of 50 000 €, ex aequo et bono, and subject to increase or decrease in the course of the proceedings, as compensation for the damage resulting from the loss of the chance to securing a job at the European Parliament after the 2009-2014 legislature;
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annul the decision calculating the bonus to the first applicant’s pension rights acquired before that applicant’s entry into service in the Council and the decision fixing the number of years of pensionable service obtained once and for all by the second applicant under Articles 11(2) of Annex VIII to the Staff Regulations;
EN Official Journal of the European Union C 7/47

Action brought on 20 August 2014 — ZZ v Commission

(Case F-83/14)

(2015/C 007/54)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AST 10 in the European Commission’s 2013 promotion procedure.

Form of order sought

— Annul the decision of 8 November 2013 adopting the list of officials promoted in respect of the 2013 promotion procedure;
EN Official Journal of the European Union C 7/50

Action brought on 22 September 2014 — ZZ v EMA

(Case F-97/14)

(2015/C 007/59)

Language of the case: French

Parties

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

Defendant: European Medicines Agency (EMA)

Subject-matter and description of the proceedings

Annulment of the EMA’s decision, confirming the earlier decision annulled by judgment of the Civil Service Tribunal, not to renew the applicant’s contract.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision adopted pursuant to the judgment of the Civil Service Tribunal of 26 June 2013 in joined cases F-135/11, F-51/12 and F-110/12;

— order the EMA to pay EUR 1 50 000 to the applicant by way of compensation for non-material harm suffered;

— order the EMA to pay EUR 1 to the applicant provisionally by way of compensation for material harm caused;