ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 55/52

Action brought on 17 December 2008 — Petrilli v Commission

(Case F-100/08)

(2009/C 55/94)

Language of the case: French

Parties

Applicant: Alessandro Petrilli (Grottammare, Italy) (represented by: J.-L. Lodomez, J. Lodomez, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the Appointing Authority's decision on the fixing of the applicant's main residence.

Form of order sought

The applicant claims the Tribunal should:

— Annul the decision of 16 September 2008 by which the Appointing Authority rejected the fixing of the applicant's main residence in Italy;

— So far as is necessary, annul any decision which the Commission might make relating to the procedure following the complaint, brought by the applicant after the communication of new evidence;

— order the Commission to pay, on the sums due in respect of the retroactive application of the correction coefficient for Italy on the applicant's pension from 1 July 2007, interest on the basis of the rate set by the ECB for its principal refinancing operations, applicable during the relevant period, increased by two points;
—

In the further alternative, the annulment of the decisions by OHIM of 7.3.2008 to reject the requests made by the applicants under Article 90(1) of the Staff Regulations, Insofar as those decisions reject — The approval of the variation of the applicants' contracts of indefinite duration so that the provision in Article 5 of the contracts regarding the requirement of an additional external competition is entirely deleted without being replaced, or in the alternative is deleted at least as regards the first sentence, — The declaration of the continued existence of the contracts of indefinite duration concluded with the applicants, — The declaration, that the applicants' participation in an open competition is not required in order to continue to be employed in OHIM as members of the temporary staff under a contract of indefinite duration, And the application made in the alternative for a — Declaration that there is no requirement for the participation of the applicants in the competition published on 12.12.2007 under numbers OHIM/AD/02/07 and OHIM/AST/02/07 in the Official Journal of the EU C 300 A in order for them to continue to be employed in OHIM as members of the temporary staff under a contract of indefinite duration,
EN Official Journal of the European Union C 113/45

Action brought on 26 January 2009 — Soerensen Ferraresi v Commission

(Case F-5/09)

2009/C 113/93

Language of the case: Italian

Parties

Applicant: Ayo Soerensen Ferraresi (Milan, Italy) (represented by: C. Di Vuolo, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

An application for compensation for the damage suffered by the applicant as a result of mobbing experienced by the applicant and the decision of the Invalidity Committee to retire the applicant of its own motion on the ground of invalidity.

Form of order sought

— Order the defendant to pay compensation for the physical harm and the non-material and financial loss suffered by the applicant;
—

Order the European Commission to pay the applicant, by way of 100% reimbursement of medical costs, the sum of EUR 356,18 or such lesser sum as the Civil Service Tribunal may consider just and appropriate, together with interest on that amount, to be applied with effect from the first day of the fifth month following the day on which both requests were received by the addressee, at the rate of 10% per annum, with annual capitalisation, or at such rate and capitalisation and from such commencement date as the Civil Service Tribunal may consider just;
EN Official Journal of the European Union C 167/26

Action brought on 2 April 2009 — Visser-Fornt Raya v Europol

(Case F-35/09)

2009/C 167/49

Language of the case: Dutch

Parties

Applicant: Maria Teresa Visser-Fornt Raya (the Hague, the Netherlands) (represented by: P. de Casparis)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer her a permanent post, and the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 12 June 2008 by which the defendant informed the applicant that it could not offer her a permanent post and the decision of 7 January 2009 in response to a complaint, stating that the objections which the applicant had raised to the decision of 12 June 2008 were unfounded;
EN Official Journal of the European Union C 153/51

Action brought on 27 March 2009 — B v Parliament

(Case F-26/09)

2009/C 153/98

Language of the case: French

Parties

Applicant: B (Brussels, Belgium) (represented by: E. Boigelot, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application that the Tribunal order the Parliament to pay the applicant the sum of EUR 12 000 by way of compensation for the harm suffered, first, on account of the professional and psychological harassment which she was subject to and, secondly, on account of there being no internal administrative investigation by an independent body.

Form of order sought

The applicant claims that the Tribunal should:

— Order the Parliament to pay the applicant the sum of EUR 12 000 by way of compensation for the harm (non-material harm, detriment to her political reputation and career, the undermining of her dignity and detriment to her health) which she suffered, first, on account of the professional and psychological harassment to which she was subject during her posting at the Parliament and, secondly, on account of there being no internal administrative investigation by an independent body;
—

order the Commission to pay to the applicant, by way of compensation for the damage resulting from the measures annulment of which is sought in this application, the sum of EUR 25 000 or such greater or lesser sum the Tribunal may consider fair and just in that regard.
—

Annul the implied and express decisions by the defendant, in particular those regarding the access granted to various files on 12 September 2008, 3 October 2008 and 14 November 2008, the decision of Mr Jansen of 19 September 2008 and, in so far as necessary, the decision of 25 March 2009 on the rejection of complaint No R/554/08 made by the applicant, in so far as they refuse or restrict full access by the applicant to all available data and documents concerning him held by the defendant, and to complete personal, medical and other files maintained in accordance with correct procedures and uniform standards and in a language and form which are readily understandable and accessible for him — which therefore comply with Articles 26 and 26a of the Staff Regulations and have been completed as necessary to that end — and which thereby reject, at least in part, the applicant’s requests of, inter alia, 10 July 2008, 19 September 2008 and 28 November 2008;
—

consequently, order the annulment of the decision of the appointing authority (No R/9/09) of 29 July 2009 dismissing the applicant’s complaint seeking the grant of daily allowances on the basis of his second entry into service, in accordance with the second indent of Article 10(2)(b) of Annex VII to the Staff Regulations;
EN Official Journal of the European Union C 282/65

Action brought on 14 September 2009 — Nijs v European Court of Auditors

(Case F-77/09)

2009/C 282/125

Language of the case: French

Parties

Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: Fränk Rollinger, avocat)

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Application for annulment of the decision of the Committee ad hoc of the European Court of Auditors of 15 January 2009 removing the applicant from his post with effect from 1 February 2009 without reduction in pension

Form of order sought

Principally, annul the decision of the Committee ad hoc of the European Court of Auditors of 15 January 2009 removing the applicant from his post with effect from 1 February 2009 without reduction in pension;

Annul the European Court of Auditors’ decision 81-2007 of 20 September 2007 conferring certain powers of the Appointing Authority on a Committee ad hoc;

Annul all the preparatory decisions adopted by that Committee ad hoc, particularly those of 22/29 October and 23 November 2007 and of 12 June 2008 to open an administrative enquiry;

In the alternative, should the Tribunal not uphold the applications for annulment formulated in the principal heads of relief, hold that the penalty inflicted by the Committee ad hoc of the European Court of Auditors on 15 January 2009 is, on the basis of Article 10 of Annex IX to the Staff Regulations, for the reasons set out above, far too severe;

Refer the matter to a differently constituted Appointing Authority of the European Court of Auditors, to inflict a different penalty, if one is really considered necessary, much more suited to the facts;

In the further alternative, find expressly that the principle that procedures should be conducted with reasonable expedition was infringed in this case, as set out above, and taking account of the level of the penalty to be inflicted, if one is appropriate;

Order the defendant to pay the costs.
—

annul the decision of 14 September 2009 by which EPSO refused to send the applicant a copy of her written tests and an individual assessment sheet, in which were indicated the grounds which caused the selection board to award her the eliminatory mark of 18/40 in the final written test (c), and disregarded her application for admission to the oral test of Open Competition AD/130/08;
EN Official Journal of the European Union C 24/80

Action brought on 15 October 2009 — Kalmár v Europol

(Case F-83/09)

2010/C 24/152

Language of the case: Dutch

Parties

Applicant: Andreas Kalmár (The Hague, The Netherlands) (represented by: D. Coppens, lawyer)

Defendant: Europol

Subject-matter and description of the proceedings

Annulment of the decisions of Europol of 4 and 24 February 2009 concerning, respectively, the applicant’s dismissal of 4 May 2009 and his suspension. In addition, the application made by the applicant for reintegration and damages for the material and non-material harm suffered.

Form of order sought

— Annul the initial decisions of Europol of 4 and 24 February 2009 and the decision on the complaint of 18 July 2009 and order Europol to allow Mr Kalmár to resume his work there;

— order Europol to pay compensation calculated from the date on which his contract was unduly terminated to the date on which his contract should actually have expired;

— order Europol to pay EUR 25 000 in compensation for non-material harm suffered;
—

The Tribunal should declare that OHIM is under an obligation to continue to employ the applicant under the same conditions as hitherto and to reinstate him and order OHIM to compensate the applicant fully for the material damage suffered by him, in particular by paying any outstanding salary and all other expenses incurred by the applicant as a result of OHIM's unlawful conduct (after deduction of unemployment benefit received), in the alternative, in the event that, in the present situation, for legal or practical reasons the applicant is not reinstated or re-employed under the same conditions as hitherto, order OHIM to pay the applicant compensation for the unlawful termination of his employment corresponding to the difference between his actual lifetime earnings and the lifetime earnings the applicant would have achieved if the contract had remained in force, taking into account pension benefits and other entitlements; at the least, however, pay the applicant compensation for the material damage caused to the applicant by the unlawful termination of his employment, corresponding to the difference between his income earned until 15 October 2009 and the income the applicant would have earned if the contract had run until 15 November 2009, taking account of pension benefits and other entitlements;
—

Annul the decision imposing a disciplinary sanction on the applicant in the form of downgrading by one grade, as provided for in Article 9(1)(f) of Annex IX o the Staff Regulations;
—

Annulment of the decision establishing the applicant's staff report for the period from 1 July 2006 to 31 December 2007.
EN Official Journal of the European Union C 209/54

Action brought on 26 May 2010 — Adriaansen v EIB

(Case F-35/10)

()

2010/C 209/84

Language of the case: French

Parties

Applicant: Mary Lucie Adriaansen (Luxembourg, Luxembourg) (represented by: A.-M. Schmit, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the EIB’s decision refusing to provide the applicant with information on the value of the pension to which her former husband is entitled.

Form of order sought

The applicant claims that the Tribunal should:

— annul the EIB’s decision of 18 March 2010;

— order the EIB to pay the costs;

— order the interim execution of the judgement to be given, notwithstanding appeal and without security;
Official Journal of the European Union

Action brought on 28 April 2010 — AG (*1) v Parliament

(Case F-25/10)

(2010/C 161/95)

Language of the case: French

Parties

Applicant: AG (*1) (represented by: S. Rodriguez and C. Bernard-Glanz, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision to dismiss the applicant at the end of the probationary period and compensation for the loss suffered.

Form of order sought

— Annul the dismissal decision of 14 May 2009, together with the decision of 21 December 2009 rejecting the complaint;

— Indicate to the Appointing Authority the effects which the annulment of the contested decisions entail and, in particular, the possibility of a second probationary period or an extension of the probationary period, after which a new assessment of her performance would be carried out;

— Order the European Parliament to pay the costs.

(*1) Information erased or replaced within the framework of protection of data and/or confidentiality.
EN Official Journal of the European Union C 260/28

Action brought on 20 July 2010 — Barthel and Others v Court of Justice

(Case F-59/10)

()

2010/C 260/38

Language of the case: French

Parties

Applicants: Yvette Barthel (Arlon, Belgium) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Court of Justice

Subject-matter and description of the proceedings

Annulment of the decision of the Court of Justice rejecting the claim by the applicants for payment of the allowance for continuous work or shiftwork provided for in the first indent of Article 1(1) of Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976, determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof (OJ 1976 L 38, p. 1)

Form of order sought

— Annul the decision of the Registrar of the Court of Justice of the European Union rejecting the applicants’ claim of 8 June 2009 for payment, as from 20 December 2006, of the allowance for continuous work or shiftwork provided for in the first indent of Article 1(1) of Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976;
EN Official Journal of the European Union C 221/61

Action brought on 24 June 2010 — De Nicola v EIB

(Case F-49/10)

()

2010/C 221/98

Language of the case: Italian

Parties

Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Application for annulment of the decision communicated to the applicant on 11 May 2009 insofar as it essentially obstructed the attempted amicable settlement of the matter by rejecting by implication the claim for reimbursement of medical expenses for laser therapy treatment, and an order that the defendant pay to the applicant the sum of EUR 3 000 together with interest, monetary inflation to be taken into account in fixing the amount awarded.

Form of order sought

— Annul the measure communicated by e-mail on 11 May 2010.

— Order the EIB to pay to the applicant the sum of EUR 3 000, expenditure for the laser therapy treatment undergone in 2007, together with compensation for monetary inflation and interest on the amount awarded.
—

as a consequence of that annulment, undertake a further comparative examination of the applicant’s merits and those of the other candidates under the 2009 promotion exercise and promote the applicant to grade AST4C with retroactive effect from 1 January 2009 together with the payment of interest on the arrears of pay at the rate applied by the European Central Bank in its main refinancing operations, from 1 January 2009, increased by 2 points, without however challenging the promotion of the other officials promoted and whose names appear on the list published on 20 November 2009;
—

Order the Parliament to pay the applicant the arrears of remuneration to which he is entitled, plus default interest calculated, from the date those arrears were due, at the rate laid down by the ECB for its main refinancing operations, increased by two percentage points;
—

Grant to the applicants backdated interest, calculated on the basis of the rate fixed by the European Central Bank, payable on the total sums corresponding to the difference between the salary specified in the pay slips dating from January 2010 and the adjusted pay slips for the period from July to December 2009 and the salary to which they would have been entitled, until the date of the late adjustment of those salaries:
EN Official Journal of the European Union C 13/38

Action brought on 22 September 2010 — Nolin v Commission

(Case F-82/10)

()

2011/C 13/74

Language of the case: French

Parties

Applicant: Michel Nolin (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for the annulment of the applicant’s salary adjustment slip for the period from July to December 2009 and the salary slip of 1 January 2010 issued 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 applicant’s salary slip RG/2009 and his salary slip of 01/2010;
—

Annul the decision of the appointing authority of 12 November 2009 refusing to consider the cardio-vascular attack suffered by the applicant as an accident within the meaning of Article 73 of the Staff Regulations and Article 2 of the rules concerning cover and, as far as necessary, annul the decision of the appointing authority rejecting the complaint;
EN Official Journal of the European Union C 30/64

Action brought on 18 October 2010 — Geradon v Council

(Case F-102/10)

()

2011/C 30/125

Language of the case: French

Parties

Applicant: Félix Geradon (Sint Pieters Leeuw, Belgium) (represented by: A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the applicant’s salary adjustment slip for the period from July to December 2009 and 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 Council’s decision of 5 July 2010 rejecting the applicant’s complaint regarding the salary adjustment slip for the period from July to December 2009 and his salary slips issued since 1 January 2010;

— Annul, where necessary, the Council’s decisions on the issue of salary adjustment slips for the period from July to December 2009 and of salary slips since 1 January 2010;

— Order the Council to pay the applicant arrears of remuneration plus default interest;
—

Annul the CDR for 2008 and order the defendant to pay compensation for the harm suffered, provisionally estimated at EUR 5 000 and to be determined more precisely in the course of proceedings, and compensatory and late payment interest calculated at the rate of 6,75 % on the damages for material and non-material harm;
EN Official Journal of the European Union C 152/33

Action brought on 7 February 2011 — Sabbag Afota v Council

(Case F-9/11)

2011/C 152/59

Language of the case: French

Parties

Applicant: Veronica Sabbag Afota (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision of the Appointing Authority not to promote the applicant to Grade AD 11 in the 2010 promotion exercise.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Council’s decision of 19 November 2010 rejecting the complaint against the decision of the Appointing Authority not to promote the applicant to Grade AD 11 in the 2010 promotion exercise;

— to the necessary extent, annul the decision of the countersigning officer finalising the applicant’s report for the 2008-2009 reporting period and the decision of the Appointing Authority of 26 April 2010 not to promote the applicant to Grade AD 11 in the 2010 promotion exercise;
EN Official Journal of the European Union C 226/32

Action brought on 27 May 2011 — ZZ v FRONTEX

(Case F-61/11)

2011/C 226/63

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 to renew the contract of employment of the applicant and annulment of some parts of assessment reports for the period from August 2006 to December 2009.

Form of order sought

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

— Annul the decision of 24 January 2011 as confirmed by the email of 25 January 2011, by the decision of 28 March 2011 and by the letter of 4 May 2011 of the Executive Director of FRONTEX;

— annul the 2009 appraisal to the extent it contains the diverging comment of the countersigning officer of 30 October 2009;

— annul the 2010 FRONTEX Annual Assessment Report Form A, dated 21 June 2010 to the extent it contains the diverging comment of the countersigning officer of 20 June 2010;
EN Official Journal of the European Union C 186/34

Action brought on 9 April 2011 — Honnefelder v European Commission

(Case F-42/11)

2011/C 186/64

Language of the case: German

Parties

Applicant(s): Stephanie Honnefelder (Brussels, Belgium) (represented by: C. Bode, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annul the decision of the Commission not to include the applicant in the reserve list for selection procedure EPSO/AD/26/05

Form of order sought

— Annul the decision of the defendant of 11 February 2011;

— Order the European Commission to pay the costs;
—

Order the Commission to pay to the applicant the sum of EUR 5 000 in respect to the non-material damage suffered through the complete failure by the Commission to notify him of how the Commission intended to give effect to the judgment of annulment;