ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 215/20

Action brought on 22 May 2013 — ZZ v Council

(Case F-49/13)

2013/C 215/29

Language of the case: French

Parties

Applicant: ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision not to take into consideration the application submitted by the applicant for a position available at the Council.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 17 January 2013 by the mobility department of the GSC refusing to take into consideration the application submitted by the applicant for position 2244 DGA 2A, confirmed, following the applicant’s complaint, by the mobility department’s decision of 12 February 2013;
EN Official Journal of the European Union C 336/31

Action brought on 13 September 2013 — ZZ v Parliament

(Case F-86/13)

2013/C 336/70

Language of the case: English

Parties

Applicant: ZZ (represented by: P. Bentley QC, Barrister, and R. Bäuerle, Rechtsanwalt)

Defendant: European Parliament

Subject-matter and description of the proceedings

The annulment of the decision prohibiting the applicant from taking up an appointment as an adviser to the Prime Minister of Ukraine within two years as from the date of termination of his functions with the European Parliament.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Parliament's decision dated 3 January 2013 forbidding the Applicant from undertaking an appointment as Adviser to Prime Minister of Ukraine, for two years following the termination of his employment with the Parliament;

— annul the Parliament's decision dated 24 June 2013 rejecting the Complaint filed by the Applicant against the Parliament's decision of 3 January 2013;
—

annul the decision of 15 July 2013 of the High Representative of the European Union to transfer the applicant, in the interests of the service, with immediate effect to a position in the MDR.C in Brussels;
EN Official Journal of the European Union C 24/40

Action brought on 9 October 2013 — ZZ v Commission

(Case F-102/13)

2014/C 24/75

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to calculate the crediting of pension rights acquired before the entry into service on the basis of the new GIP, and relating to the transfer of the applicant’s pension rights to the European Union pension scheme which applies the new GIP for Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought

The applicant claims that the Tribunal should:

— declare that Article 9 of the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations is unlawful and, therefore, inapplicable;

— annul the decision to credit the pension rights acquired by the applicant before her entry into service, in connection with the transfer of those rights to the pension scheme of the European Union institutions, pursuant to the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 367/40

Action brought on 19th September 2013 — ZZ v Commission

(Case F-91/13)

2013/C 367/70

Language of the case: English

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decision requesting the reimbursement of the expatriation allowance and the travel costs perceived by the Applicant during his secondment in Germany, together with the reimbursement of the amount already recovered and the reparation of moral prejudice.

Form of order sought

— Annul the Commission’s decision dated 20 December 2012 by which the Applicant was requested to reimburse his expatriation allowance and annual travel costs granted during his secondment in Germany;

— annul the 24 June 2013 Commission’s decision rejecting the Applicant’s complaint;

— by consequence, reimburse the amount already recovered by the Appointing authority, plus late interest at the European Central Bank rate +2 points;

— in any case, the reparation of the moral prejudice suffered, assessed ex aequo et bono at 5 000 euros;
—

Annul the implied decision rejecting the applicant’s administrative claim and all other earlier unlawful acts, including the act by which ENISA dismissed the applicant;
—

Annul the decision MDR/C6/(2012) of the EEAS dated 19 December 2012 by which the AIPN has decided to eliminate the living conditions allowance for staff members based in the EU Delegations and Offices to Argentina, China (Hong Kong) Chile, Japan, Malaysia, Singapore and Taiwan;
—

Order OHIM to pay an adequate compensation at the discretion of the Court — not below an amount of 500 Euro — to the applicant for the moral and immaterial damages suffered by him as a result of the contested Appraisal Report;
EN Official Journal of the European Union C 61/22

Action brought on 9 January 2014 — ZZ and ZZ v Court of Auditors

(Case F-2/14)

2014/C 61/39

Language of the case: French

Parties

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

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Annulment of the decision of the Court of Auditors not to examine the action to be taken following the complaint made by the applicants against two of their colleagues as a result of their joint malicious statement and to consider that it was not necessary to take measures which were required under its duty to provide assistance.

Form of order sought

— Annul the decision of 13 December 2012 of the Court of Auditors to close the applicants’ file concerning their request under Article 24 without taking any action against two of their colleagues;

— order the Court of Auditors to pay the applicants, for non-material damage, provisionally EUR 1 towards damage assessed at EUR 100 000;
EN Official Journal of the European Union C 184/45

Action brought on 29 March 2014 — ZZ and Others v Parliament

(Case F-31/14)

2014/C 184/75

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: A. Salerno, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the elections for the Staff Committee of the European Parliament which took place in autumn 2013, the results of which were published on 28 November 2013.

Form of order sought

— annul the results of the elections for the Staff Committee of the European Parliament which took place in autumn 2013, the results of which were officially published on 28 November 2013;
EN Official Journal of the European Union C 175/56

Action brought on 28 March 2014 — ZZ v European Commission

(Case F-30/14)

2014/C 175/81

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision to impose on the applicant the disciplinary penalty of downgrading.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision to downgrade the applicant for having failed to declare to the Commission that he was receiving, in addition to the family allowances for dependent children under Article 67(2) of the Staff Regulations of Officials, a national allowance of the same nature;
—

Annul the decision of 4 March 2013, confirmed by letter of 8 April 2014, in which the applicants were informed of the appointment of Mr X as initial assessor;
—

where necessary, annul the decision adopted by the appointing authority on 24 January 2014 and sent to the applicant on 27 January 2014, rejecting the latter’s complaint;
EN Official Journal of the European Union C 388/32

Action brought on 14 August 2014 — ZZ v Committee of the Regions

(Case F-81/14)

2014/C 388/41

Language of the case: French

Parties

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

Defendant: Committee of the Regions

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to the next grade (AD 13) in the 2013 promotion procedure of the Committee of the Regions.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Committee of the Regions’ decision not to promote the applicant to grade AD 13 in the 2013 promotion procedure;
EN Official Journal of the European Union C 380/26

Action brought on 14 July 2014 — ZZ v EEAS

(Case F-65/14)

2014/C 380/33

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi and N. Flandin, lawyers)

Defendant: EEAS

Subject-matter and description of the proceedings

Annulment of the decisions to refuse to promote the applicant to grade AD 13 in the 2013 promotion exercise even though he was included in the list of officials eligible for promotion.

Form of order sought

— Annul the decisions of 9 October and of 14 October 2013 refusing to promote the applicant to grade AD 13 in the 2013 promotion exercise;

— If necessary, annul the decision of 16 April 2014, rejecting the applicant’s complaint;
EN Official Journal of the European Union C 7/52

Action brought on 7 October 2014 — ZZ v Commission

(Case F-104/14)

(2015/C 007/63)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the decision not to include the applicant on the reserve list for competition EPSO/AD/241/12 — GA.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the selection board in competition EPSO AD/241/12 — GA not to include the applicant on the list of successful candidates;
EN Official Journal of the European Union C 421/60

Action brought on 30 June 2014 — ZZ v Commission

(Case F-60/14)

2014/C 421/87

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the proposed crediting of pensionable years relating to the transfer of the applicant’s pension rights to the Union pension scheme applying the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

Form of order sought

The applicant claims that the Tribunal should:

— declare illegal and inapplicable Article 9 of the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations;

— annul the decision of 4 November 2013 to quantify pension rights acquired prior to his entering the service, as part of the transfer of those rights to the pension scheme of the institutions of the European Union, pursuant to the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
EN Official Journal of the European Union C 7/56

Action brought on 24 October 2014 — ZZ v Commission

(Case F-119/14)

(2015/C 007/71)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision closing the procedure for the appointment of the applicant as an official, the latter being entered on a competition reserve list, having informed him that the DG concerned had agreed to his employment and having found that his professional experience was not sufficient.

Form of order sought

— Annul the decision of 17 December 2013 by which the Directorate-General for Human Resources (‘DG HR’) of the European Commission, in its capacity as appointing authority, refused to employ the applicant as an official at the General Directorate for Justice and Home Affairs (‘DG JUST’);

— annul the decision of the appointing authority of 14 July 2004 rejecting the complaint brought by the applicant against the decision of the appointing authority of 17 December 2013;

— order the defendant to pay the sum of EUR 26 132,85, together with interest for late payment, in addition to the payment of the contributions to the pension scheme as from September 2013;

— order the Commission to pay one euro in respect of non-material damage;
EN Official Journal of the European Union C 7/54

Action brought on 17 October 2014 — ZZ and Others v Commission

(Case F-111/14)

(2015/C 007/67)

Language of the case: French

Parties

Applicant: ZZ and Others (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Commission

Subject-matter and description of the proceedings

The declaration that Article 45 of the Staff Regulations and Annex I thereto, together with the corresponding transitional provisions, are unlawful and annulment of the decisions of the Appointing Authority relating to the promotion of the eight applicants, who are grade AST 9 officials, in the context of the 2014 annual promotion exercise.

Form of order sought

— Principally: declare Article 45 of the Staff Regulations and Annex I thereto, together with the corresponding transitional provisions, unlawful;

— annul the decisions of the Appointing Authority, of an individual and of a general scope, to block any possibility of promotion concerning the applicants, as grade AST 9 officials, in the context of the 2014 annual promotion exercise;

— order the Commission to pay the costs;

— in the alternative: annul the decisions of the Appointing Authority, of an individual and of a general scope, to block any possibility of promotion concerning the applicants, as grade AST 9 officials, in the context of the 2014 annual promotion exercise;
EN Official Journal of the European Union C 34/54

Action brought on 1 December 2014 — ZZ v Commission

(Case F-136/14)

(2015/C 034/66)

Language of the case: French

Parties

Applicant: ZZ (represented by: D. de Abreu Caldas, lawyer)

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the decision taken by the Commission granting the applicant, retroactively, the expatriation allowance, in so far as the grant is retroactive only to 1 September 2013, the applicant arguing that the Commission ought to grant him that allowance from the date of his recruitment to the Commission on 1 July 1999.

Form of order sought

— Annul the decision of the PMO of 29 January 2014 to grant the applicant the expatriation allowance, provided for in Article 4 of Annex VII to the Staff Regulations, with retroactive effect from 1 September 2013, instead of from his date of recruitment of 1 July 1999;
EN Official Journal of the European Union C 431/49

Action brought on 1 September 2014 — ZZ v Council

(Case F-87/14)

(2014/C 431/78)

Language of the case: French

Parties

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

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Action seeking (i) the annulment of the Council’s decisions relating to the reimbursement of the applicant’s hospital expenses and (ii) an order for the Council to pay default and compensatory interest, on the one hand, and compensation for the non-material damage allegedly suffered, on the other.

Form of order sought

The applicant claims that the Tribunal should:

— Partially annul the decisions of the Brussels Settlements Office, as set out in Statement 55 of 27 September 2013, relating to the applicant’s request of 12 July 2012 for reimbursement of hospital expenses;

— declare that the letters of 19 November 2013 from the Head of the Settlements Office concerning the unfavourable response to a supposed prior authorisation request of 12 July 2012 are invalid, or, in the alternative, annul those letters;

— annul, so far as is necessary, the appointing authority’s decision of 22 May 2014 rejecting the complaints submitted by the applicant on 27 December 2013 and 18 February 2014;

— order the Council to pay the default and compensatory interest with effect from the date on which the sums claimed were payable, and to pay compensation for the non-material damage suffered by the applicant;
EN Official Journal of the European Union C 127/40

Action brought on 26 January 2015 — ZZ v European Commission

(Case F-15/15)

(2015/C 127/55)

Language of the case: German

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions of the defendant fixing the flat-rate payment corresponding to the cost of travel from the place of employment to the place of origin pursuant to Article 8 of Annex VII to the Staff Regulations, as amended by Regulation (EU, Euratom) No 1023/2013 of 22 October 2013.

Form of order sought

The applicant claims that the Tribunal should:

— annul salary statements 6/2014 and 7/2014 in the form of the decision of the defendant of 15 October 2014, notified on 17 October 2014, in so far as it fixes the flat-rate payment corresponding to the cost of travel from the place of employment to the place of origin;

— in the event of annulment, oblige the defendant to adjust the flat-rate payment with due regard to the grounds underlying the annulment;
—

Annul the applicants’ salary statement for the month of June 2014 in so far as they apply, for the first time, Article 8 of Annex VII to the Staff Regulations, in the version in force since 1 January 2014, in order to determine the reimbursement of their travel expenses;
EN Official Journal of the European Union C 178/28

Action brought on 10 March 2015 — ZZ v Commission

(Case F-42/15)

(2015/C 178/32)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the salary statement of May 2014, in so far as it applies Regulation (EU) No 423/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2012 the remuneration and pensions of officials and other servants of the European Union, itself unlawful since it does not provide for a weighting of the remuneration of officials who work in Luxembourg, where the cost of living is appreciably higher than in Brussels.

Form of order sought

— Annul the decision fixing his pay for May 2014, in so far as it does not provide for him to benefit from any weighting;
—

Order the Entreprise Commune ECSEL to compensate the applicant for the non-pecuniary harm caused by all its unlawful conduct referred to in the application by paying the applicant the sum of forty thousand euros (EUR 40 000) together with interest from the day of delivery of the judgment and until its payment in full;
EN Official Journal of the European Union C 213/50

Action brought on 24 April 2015 — ZZ and ZZ v European Economic and Social Committee

(Case F-66/15)

(2015/C 213/80)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Economic and Social Committee

Subject-matter and description of the proceedings

Application for the annulment of the decisions reducing the correction coefficient applicable to the pension of the applicants, who live in Denmark, as shown on their pension statements for the month of June 2014, and for compensation in respect of the non-material loss alleged to have been suffered as a result of the varying and contradictory information given to justify the contested decisions.

Form of order sought

The applicants submit that the Tribunal should:

— Annul the decisions contained in the pension statements for June 2014 in accordance with which the weighting applicable to the applicants’ pension is reduced with effect from 1 January 2014;
—

In the alternative, if it were to prove appropriate to take account only of the sole contract concluded under the Conditions of Employment of other servants of the EU (CEOS), declare that the applicant will be offered a second fixed-term contract under CEOS by Europol at the end of the contract currently running;
EN Official Journal of the European Union C 279/60

Action brought on 28 May 2015 — ZZ v European GNSS Agency

(Case F-83/15)

(2015/C 279/76)

Language of the case: French

Parties

Applicant: ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European GNSS Agency

Subject-matter and description of the proceedings

The annulment of the appraisal report relating to the applicant’s probationary period and the subsequent decision of the defendant’s executive director to dismiss him at the end of his probationary period.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appraisal report relating to the applicant’s probationary period and, consequently;

— annul the decision of 15 October 2014 dismissing the applicant at the end of his probationary period, confirmed by the decision of 30 October 2014;
—

order the Parliament to grant the daily subsistence allowance to the applicant, together with interest from the dates on which those amounts became payable pursuant to Annex VII to the Staff Regulations;
—

Annul the decision of 14 November 2014 of the Appointing Authority of the European Commission, issued by means of’ the Administrative Notice No 41-2014, establishing the list of promoted officials under the promotion exercise of 2014 in so far as the names of the Applicants are not included;
—

Annul the decision of 3 October 2014 to credit the pension rights acquired by the applicant before his entry into service, in the context of the transfer of those rights into the pension scheme of the EU institutions, in accordance with the general implementing provisions of Article 11(2) of Annex VIII to the Staff Regulations of 15.7.2011;
—

Annul the entire 2013 staff report (in the appraisal section, in so far it does not give the applicant the mark ‘exceptional performance’ or ‘very good performance’ and does not propose his promotion to grade D, and finally in so far as it does not provide for the development of his career and fails to set his objectives for 2014);
EN Official Journal of the European Union C 68/45

Action brought on 19 November 2015 — ZZ v Parliament

(Case F-143/15)

(2016/C 068/57)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for annulment of the decision rejecting the applicant’s complaint seeking annulment of the decision terminating early his employment at the European Parliament.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision dated 19 August 2015 rejecting the complaint brought on the basis of Article 90(2) of the Staff Regulations of Officials of the European Communities;

— annul the European Parliament’s decision dated 25 February 2015;

— annul the European Parliament’s decision dated 2 February 2015;