ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 379/35

Action brought on 15 October 2012 — ZZ v Frontex

(Case F-116/12)

2012/C 379/60

Language of the case: French

Parties

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

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

Subject-matter and description of the proceedings

Annulment of the applicant’s staff report and a claim for damages.

Form of order sought

— Annul the applicant’s staff report for 2010;

— order the defendant to pay the sum of EUR 10 000 in respect of the non-material damage suffered by the applicant;
EN Official Journal of the European Union C 26/70

Action brought on 27 September 2012 — ZZ v Europol

(Case F-105/12)

2013/C 26/143

Language of the case: Dutch

Parties

Applicant: ZZ (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-44/09 Knöll v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to her by the decision annulled by that judgment

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 28 November 2011 by which the defendant awards the applicant EUR 20 000 in respect of compensation for the damage which she suffered, as full implementation of an earlier judgment of the Civil Service Tribunal, and the decision of 29 June 2012 by which the complaint brought by the applicant against the decision of 28 November 2011 was rejected;
EN Official Journal of the European Union C 26/76

Action brought on 16 November 2012 — ZZ v Commission

(Case F-141/12)

2013/C 26/160

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

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

Form of order sought

— Declare the action admissible and well-founded;

— annul the contested measure;

— order the Commission to pay the applicant EUR 10 000 as compensation for the damage suffered;
—

if necessary, annul the decision of the Secretary-General of the European Parliament, dated 20 July 2012, received on 24 July 2012, rejecting the applicant’s complaint of 30 March 2012 against the decision to dismiss him;
EN Official Journal of the European Union C 55/27

Action brought on 28 December 2012 — ZZ v ECDC

(Case F-161/12)

2013/C 55/47

Language of the case: English

Parties

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

Defendant: European Center for Disease Prevention and Control (ECDC)

Subject-matter and description of the proceedings

To seek compensation for the non-material damage that the applicant would have suffered due to his dismissal.

Form of order sought

— Order to pay the sum of at least 118 500 euros in compensation of non-material damage;
—

Annul the decision of the Office for the Administration and Payment of Individual Entitlements (PMO) refusing the applicant the benefit of the expatriation allowance in accordance with Article 4 of Annex VII of the Staff Regulations;
—

order the defendant to compensate for the material damage caused to the applicant by the contested decision; to evaluate the amount corresponding to the difference, from October 2011 until such time as the applicant is recruited to function group III, between the payments corresponding to function group III and those payments which she continued to receive as a member of the contractual staff of function group II, plus corresponding interest from the due date of each months’ pay until the date of their actual payment;
EN Official Journal of the European Union C 129/31

Action brought on 11 February 2013 — ZZ v Commission

(Case F-15/13)

2013/C 129/58

Language of the case: French

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, J.-N. Louis, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to close the procedures for the transfer of the applicant’s pension rights, without a transfer.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 17 April 2012 to close the files on the transfer of the applicant’s pension rights;
EN Official Journal of the European Union C 207/59

Action brought on 26 April 2013 — ZZ v Commission

(Case F-37/13)

2013/C 207/100

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of OLAF (the European Anti-fraud Office) rejecting the request for renewal of the applicant’s contract, following the annulment of that decision by a judgment of the Civil Service Tribunal and a claim for damages in respect of the material and non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appointing authority’s decision of 8 August 2012 rejecting the request for renewal of the applicant’s contract;

— so far as necessary, annul the implied rejection, on 12 August 2010, of the request for renewal of the applicant’s contract, in the event that its annulment is called into question in an appeal before the General Court of the European Union;

— and, so far as necessary, annul the appointing authority’s decision of 17 January 2013 rejecting the complaint brought by the applicant on 21 September 2012;

— grant the applicant, in respect of the material harm suffered, a sum corresponding to the difference between the remuneration which he would have received had he been able to obtain the renewal of his contract as a member of the temporary staff at OLAF for another four years and the remuneration which he has received since May 2011 (taking account of his pension rights and his normal career progression);

— compensate the applicant for the material harm suffered by him on account of the loss of a chance of obtaining a contract for an indefinite term, fixed on equitable principles and provisionally at EUR 250 000;

— grant the sum fixed on equitable principles and provisionally at EUR 10 000 in respect of the non-material harm suffered;
—

annul the decision of 18 June 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;
—

annul the decision to calculate the years of pensionable service recognised for the purposes of that transfer into the pension scheme of the institutions of the European Union on the basis of the new General Implementing Provisions (‘GIPs’) in Article 11(2) in Annex VIII to the Staff Regulations of 3 March 2011;
—

order the Commission to pay EUR 14 911,07 in addition to payment of contributions to the pension scheme from October 2011, and to pay EUR 2 500 in respect of the material and non-material damage caused, subject to increase or reduction during the proceedings, those sums to be increased by late-payment interest calculated from the date on which the sums were due at the rate applied by the ECB to its main refinancing operations plus two points;
—

Annul the decision of 3 October 2012 to accredit the pension rights acquired by the applicant before his entry into service, in the context of their transfer into the pension scheme applicable to staff of the European institutions, pursuant to the General Implementing Provisions (‘the GIP’) of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
—

order the defendant to pay the applicant the difference between (i) the amount of the remuneration to which she would have been entitled had she remained in her post with the defendant and (ii) the amount of the remuneration, fees, unemployment benefits and any other compensation actually received by her since 1 January 2013 by way of replacement for the remuneration she was receiving as a temporary agent;
—

order the Commission to pay to the applicant the following sums: (1) EUR 504.67 together with interest on that sum at the rate of 10 % per annum and annual capitalisation from 1 February 2013 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 from 1 March 2013 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 from 1 April 2013 until actual payment of that sum;
—

The decision signed by the Head of section: Redistribution of staff, career and performance management of 25 January 2013 to reassign the applicant, with retroactive effect to 1 January 2013, to the DG Mobility and Transport, Common Resources Directorate MOVE/ENER at Brussels 1;
—

in the alternative, annul the applicant’s merit points from the 2003 promotion exercise since they are not at the level of the average points awarded to staff of his grade during the same exercise;
—

Annul the decision of 18 June 2013 to increase the pension rights acquired by the applicant before his entry into the service, as part of the transfer thereof into the pension scheme of the institutions of the European Union, by application of the General Implementing Provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
—

Annul the decision of 26 April 2013 rejecting the request for extension, for 2012/2013, of the reimbursement of the costs of speech therapy for the applicant’s son as part of the treatment of his serious illness;
—

Annul: — the decision adopted on 18 December 2012 by the Appeals Committee, referring all documents back to that body and establishing the criteria which must be used by the Committee when adopting a new decision; — the guidelines established by the Human Resources division in ‘Note to Staff No 722 PERSONNEL/S&D/D&P/2012-198’ of 5 December 2012 and the corresponding ‘Guidelines to the 2012 annual staff appraisal exercise’, including the section in which they provide that the final evaluation must be summarised in a certain way but do not identify the criteria which must be used by the appraiser;
—

Annul the decision of the Director of ACER concerning the non-renewal of the applicant’s employment contract with ACER for the second time;
EN Official Journal of the European Union C 361/31

Action brought on 7 July 2014 — ZZ v Commission

(Case F-62/14)

2014/C 361/46

Language of the case: French

Parties

Applicant: ZZ (represented by: M.-A. Lucas, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Civil service — Application for annulment of the Commission’s decision not to admit the applicant to the translation tests — EPSO competition (AD/263/13) to establish a reserve recruitment list of Italian translators.

Form of order sought

— annul the decision of 19/11/2013 not to admit the applicant to the translation tests;

— if necessary, annul the decision of 27/3/2014 dismissing the applicant’s complaint;
EN Official Journal of the European Union C 245/32

Action brought on 3 June 2014 — ZZ v Commission

(Case F-50/14)

2014/C 245/43

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission decision refusing to grant an expatriation allowance to the applicant

Form of order sought

The applicant requests the Civil Service Tribunal to:

— annul the decision of 3 October 2013 refusing to grant an expatriation allowance to the applicant;
—

Annul the decision of the Appointing Authority dated 19 March 2014, notified on 20 March 2014 and, so far as is necessary, the decision dated 6 September 2013 adopted by the DG Human Resources and Security;
—

Compensation for the loss which she suffered following the accident. (i) EUR 10 000 as regards the failure to offer aid and assistance in Jordan and in Brussels on a medical, administrative and financial level; (ii) a sum equal to all the salary, allowances and benefits not paid and lost and costs incurred, medical and other, by the applicant because of the accident, provisionally estimated at EUR 50 000, in respect of the accident for which liability lies with the United Nations and the EEAS; the latter must assist and finance the action for a declaration of liability of the United Nations and all parties involved in the organisation of that period of probation. (iii) a provisional sum of EUR 50 000 in respect of the misuse of fixed-term contracts, each containing a probation clause, in particular the latter and the failure to renew it.
EN Official Journal of the European Union C 7/57

Action brought on 25 October 2014 — ZZ v Parliament

(Case F-120/14)

(2015/C 007/72)

Language of the case: French

Parties

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

Defendant: Parliament

Subject-matter and description of the proceedings

Annulment of the decision of the Parliament rejecting the applicant’s request that his place of origin be changed to Larnaca (Cyprus) and the centre of his interests to Singapore, instead of Montreal (Canada), following his transfer to the European Parliament.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of the appointing authority of the Parliament of 17 December 2013 refusing to substitute Singapore for Montreal as the centre of his interests and consequently to fix his place of origin as Larnaca, and, insofar as necessary, annul the decision of 16 July 2014 rejecting the complaint that he had lodged against the contested decision;
EN Official Journal of the European Union C 448/41

Action brought on 29 September 2014 — ZZ and Others v Council

(Case F-100/14)

(2014/C 448/52)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: S. Orlandi, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Application for a declaration that Article 7 of Annex V to the Staff Regulations of Officials, as amended by Regulation No 1023/2013 of the Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials and the CEOS, and Article 8 of Annex VII thereto, are inapplicable, and for the annulment of the decisions withdrawing entitlement to reimbursement of travel expenses from the place of employment to the place of origin and withdrawing entitlement to travelling time.

Form of order sought

The applicants claim that the Tribunal should:

— Declare unlawful Article 7 of Annex V to the Staff Regulations and Article 8 of Annex VII to the Staff Regulations;

— Annul the decision not to award from 2014 onwards any travelling time or the reimbursement of annual travel expenses to the applicants;
—

Annul the decision dated 31 January 2014 of the EMA to place the applicant on non-active status as of 1 February 2014 until the alleged expiry of his contract on 15 March 2014, together with the letter dated 14 March 2014 allegedly intending to ‘clarify’ the reason for placing him on non-active status;
EN Official Journal of the European Union C 7/61

Action brought on 3 November 2014 — ZZ v EEAS

(Case F-129/14)

(2015/C 007/79)

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis, R. Metz, D. Verbeke, lawyers)

Defendant: EEAS

Subject-matter and description of the proceedings

The annulment of the EEAS’ decision to remove the applicant from his post without reducing his pension rights.

Form of order sought

— Annul the EEAS’ decision of 16 January 2014 to remove the applicant from his post without reducing his pension rights;
EN Official Journal of the European Union C 89/46

Action brought on 17 December 2014 — ZZ v Parliament

(Case F-139/14)

(2015/C 089/55)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision not to carry over to 2013 days of leave not taken by the applicant in 2012 due to illness and the claim for damages in respect of material and non-pecuniary harm allegedly suffered

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decisions of 12 February 2014 and of 15 September 2014, and,

— Annul, as appropriate, the pension statement for April 2013;

— Order the Parliament to compensate the applicant for the harm evaluated at EUR 26 677,56;
—

annul the decision of 24 May 2013 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 institutions of the European Union, pursuant to general implementing provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011,
—

Annul the applicant’s salary statement for the month of June 2014 in so far as it applies, 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 his travel expenses;
—

Award compensation for the material damages suffered by the applicant as a result of the early termination of his contract. They are equal to the difference between the applicant’s full salary and the compensation under Article 47(b)(ii) CEOS for the period between the early termination of the applicant’s contract and the day of its re-establishment or the date when the contract expires at 1 November 2015. The estimation of the difference amounts to around EUR 75 000, but more precise calculations can be made by the EASA accountant’s office;
EN Official Journal of the European Union C 89/50

Action brought on 26 January 2015 — ZZ and Others v Commission

(Case F-13/15)

(2015/C 089/62)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: J.-N. Louis, R. Metz, N. de Montigny, D. Verbeke and T. Van Lysebeth, lawyers)

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the decisions determining the applicants’ rights to reimbursement of annual travel expenses under Article 8 of Annex VII to the Staff Regulations, as amended by Regulation No 1023/2013 of the European Parliament and of the Council of 22 October 2013, amending the Staff Regulations of Officials of the European Union and the CEOS.

Form of order sought

— Declare illegal and inapplicable Article 8 of Annex VII to the Staff Regulations;

— annul the decisions cancelling all reimbursement of the applicants’ annual travel expenses as of 2014 onwards;
—

Annul the appraisal report produced for the applicant in respect of 2013;
EN Official Journal of the European Union C 127/44

Action brought on 16 February 2015 — ZZ and Others v Council

(Case F-27/15)

(2015/C 127/63)

Language of the case: French

Parties

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

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision fixing the rights of the applicants to reimbursement of annual travel expenses under Article 8 of Annex VII of the Staff Regulations, as amended by Regulation No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the CEOS.

Form of order sought

— Declare illegal and inapplicable Article 8 of Annex VII of the Staff Regulations;

— Annul the decision to cancel all reimbursement of the applicants’ annual travel expenses from 2014;
EN Official Journal of the European Union C 213/49

Action brought on 23 April 2015 — ZZ and ZZ v Parliament

(Case F-62/15)

(2015/C 213/79)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decisions reducing the weighting applicable to the pensions of the applicants, who reside in Denmark, as set out in their pension statements for the month of June 2014 and compensation for non-material harm allegedly suffered as a result of the diverging and contradictory information used as grounds for the contested decisions.

Form of order sought

— Annul the decisions contained in the pension statement of June 2014 by which the weighting applicable to the pensions of the applicants is reduced as of 1 January 2014;
—

Annul the decision of 25 May 2014 of the President of the European Economic and Social Committee (EESC) not confirming the applicant in her post as head of unit;
—

compensate the material and moral damages suffered. Material damages are estimated by the applicant at 50 000 euros, representing loss caused by difference between the basic salary he would have been entitled to once recruited from the reserve list and his actual basic salary he remained on. Moral damages estimated at 50 000 euros for the burden posed to the applicant due to the efforts in and personal time wasted out unnecessarily for dealing with the situation and for staying apart from his family whereas he would have had the chance by being recruited from the reserve list and reunited with his family members;
—

order the Commission to pay to the applicant the expatriation allowances that he has been entitled to since 1 September 2007 plus default interest calculated at the rate laid down by the European Central Bank for its main refinancing operations, increased by two percentage points on the sums already paid to the applicant by way of arrears of remuneration (expatriation allowance) and on those sums still due, from their respective due date until full payment;
—

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 name of the Applicant is not included therein;
EN Official Journal of the European Union C 294/83

Action brought on 30 June 2015 — ZZ v EEAS

(Case F-94/15)

(2015/C 294/101)

Language of the case: French

Parties

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

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s questioning the result of the EEAS Staff Committee elections.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the appointing authority’s decision of 23 April 2015 validating the EEAS Staff Committee elections, the result of which was published on 17 March 2015;