ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 26/73

Action brought on 7 November 2012 — ZZ and Others v Commission

(Case F-132/12)

2013/C 26/152

Language of the case: Italian

Parties

Applicants: ZZ and Others (represented by: F. Di Gianni and G. Coppo, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the application made under Article 90(1) of the Staff Regulations for compensation for the non-material harm suffered by the applicants as a result of the murder of a member of their family, an official of the Commission, and his wife.

Form of order sought

— Annul the decision of the Appointing Authority of 26 July 2012, notified on 31 July 2012;

— Order the Commission to pay the sum of EUR 463 050 to each of the successors of the murdered official as compensation for the non-material harm suffered by them;

— Order the Commission to pay the sum of EUR 308 700 to the first applicant as compensation for the non-material harm suffered by him;

— Order the Commission to pay the sum of EUR 308 700 to the second applicant as compensation for the non-material harm suffered by him;

— Order the Commission to pay the sum of EUR 154 350 to the third applicant as compensation for the non-material harm suffered by him;

— Order the Commission to pay the sum of EUR 154 350 to the fourth applicant as compensation for the non-material harm suffered by him;

— Order the Commission to pay the sum of EUR 574 000 to the successors of the murdered official in respect of their pain and suffering;

— Order the Commission to pay compensatory interest and default interest accrued;
—

order the defendant to pay the applicant the difference between (i) the remuneration to which she would have been entitled had she remained in her post at Europol and (ii) the amount of remuneration, fees, unemployment benefits and any other compensation actually received by her since 1 June 2012 by way of replacement for the remuneration she was receiving as a temporary agent;
EN Official Journal of the European Union C 63/26

Action brought on 19th December 2012 — ZZ v Commission

(Case F-155/12)

2013/C 63/51

Language of the case: English

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision not to add the applicant on the reserve list of the selection procedure EPSO/AD/215/11.

Form of order sought

— The annulment of the EPSO decision dated 19 September 2012;

— if necessary the annulment of the EPSO decision dated 28 June 2012;

— on a subsidiary level, to be compensated for the prejudice suffered;
EN Official Journal of the European Union C 26/77

Action brought on 21 November 2012 — ZZ v Commission

(Case F-143/12)

2013/C 26/162

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi, A. Tymen, 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 programme raining which is part of the certification procedure and a claim for damages.

Form of order sought

— Annul the decision of EPSO of 16 December 2011 excluding the applicant from the list of officials who have received certification under the 2010-2011 certification exercise;

— as necessary, annul the decision of EPSO of 16 August 2012 rejecting the applicant’s complaint;

— award damages of EUR 5 000;
—

where necessary, annulment of the decision to reject his complaint of 13 November 2012 seeking the application of the GIP and actuarial rates applicable at the time of his application for transfer of his pension rights;
—

Annul the decision rejections her complaint of 24 January 2013 relating to the application of the GIP and the actuarial rates in force at the time of her application for transfer of her pension rights;
—

annul the decision adopted on 5 June 2012, taken by the tripartite Appointing Authority in the file CMS 08/058 pursuant to which ‘the sanction of downgrading to grade AD8 provided for in Article 9(1)(f) of Annex IX to the Staff Regulations is imposed (on the applicant)’, and with ‘effect one month following the date of signature’;
—

annul the decision of 20 September 2012 by the authority empowered to conclude contracts (‘AECE’) rejecting the applicant’s request for an administrative inquiry to be opened to prove or clarify facts relating to harassment;
EN Official Journal of the European Union C 215/20

Action brought on 27 May 2013 — ZZ v EEAS

(Case F-53/13)

2013/C 215/30

Language of the case: French

Parties

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

Defendant: European External Action Service

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appointing authority’s decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure;
—

annul the decision, notified by electronic mail of 1 February 2013, taken by the Head of Unit at the (O.I.B) Office of Infrastructure and Logistics in Brussels to remove the applicant from her duties as a nurse and to assign her to the ‘biberonnerie’ (baby feeding unit) from 4 February 2013.
—

annulment of the decision of the AECE of 8 November 2012 considering the applicant ineligible for the call for expressions of interest CAST2010 and refusing to offer him a contract for an indefinite period as a member of the contract staff for function group III (FGIII);
EN Official Journal of the European Union C 24/41

Action brought on 25 October 2013 — ZZ v European Commission

(Case F-107/13)

2014/C 24/76

Language of the case: French

Parties

Applicant: ZZ (represented by: É. Boigelot and R. Murru, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to impose a disciplinary penalty on the applicant under Article 9(2) of Annex IX to the Staff Regulations and an application for damages for the non-material harm allegedly suffered and an application for reimbursement of the sums already withheld.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of 14 March 2013 imposing on him a penalty of the reduction of his monthly net pension by one third for a two-year period;

— Order the defendant to pay compensation to the applicant for the harm suffered, fixed at the total sum off EUR 10 000, subject to being increased during the proceedings;
—

if necessary, annul the decision of 18th April 2013 rejecting the request for an administrative review and of the decision of 23rd July 2013 rejecting the grievance;
EN Official Journal of the European Union C 129/37

Action brought on 20 December 2013 — ZZ v OHIM

(Case F-125/13)

2014/C 129/46

Language of the case: German

Parties

Applicant: ZZ (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Subject-matter and description of the proceedings

Application for annulment of the appraisal report for 2012, covering the period from 1 October 2011 to 31 December 2012, and of the objectives set for the period from 1 January to 31 December 2013, and claim for damages

Form of order sought

— Annul the applicant’s appraisal report of 15 March 2013 covering the period from 1 October 2011 to 31 December 2012;

— annul the objectives set for the applicant by OHIM in respect of the period January to December 2013;

— order OHIM to pay to the applicant damages of an appropriate amount at the discretion of the Tribunal for the non-material damage suffered;
EN Official Journal of the European Union C 45/46

Action brought on 25 October 2013 — ZZ v FRA

(Case F-106/13)

2014/C 45/86

Language of the case: English

Parties

Applicant: ZZ (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights (FRA)

Subject-matter and description of the proceedings

Annulment of the FRA Director’s decision to impose a disciplinary penalty on the applicant in the form of a reprimand.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision of the FRA Director dated 20 February 2013 issuing a reprimand and, if necessary, the decision of 22 February 2013 confirming the reprimand in writing;

— if necessary, annul the decision of the FRA Director dated 17 July 2013, received on 18t July 2013, rejecting the complaint;

— grant the applicant adequate compensation for the moral damage caused by the gross illegality and irregularity of the administrative inquiry and of the decision to issue a reprimand. This moral damage is assessed ex aequo et bono at EUR 15 000,00;
—

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 May 2013 until actual payment of that sum; (2) EUR 504,72 together with interest on that sum at the rate of 10% per annum and annual capitalisation from 1 June 2013 until actual payment of that sum; (3) EUR 508,38 together with interest on that sum at the rate of 10% per annum and annual capitalisation from 1 July 2013 until actual payment of that sum; (4) EUR 508,38 together with interest on that sum at the rate of 10% per annum and annual capitalisation from 1 August 2013 until actual payment of that sum; (5) EUR 508,38 together with interest on that sum at the rate of 10% per annum and annual capitalisation from 1 September 2013 until actual payment of that sum; (6) EUR 508,38 together with interest on that sum at the rate of 10% per annum and annual capitalisation from 1 October 2013 until actual payment of that sum;
—

set the amount of EUR 35 000, together with default interest, which the European Parliament is under an obligation to pay him should his re-instatement meet with insurmountable legal obstacles;
—

Annul Decision 326/13 A of the Secretary-General of the EESC of 26 June 2013 reassigning the applicant to a post of Adviser to the Director of the Directorate for Logistics, with effect from 1 September 2013;
EN Official Journal of the European Union C 175/54

Action brought on 24 February 2014 — ZZ v Commission

(Case F-16/14)

2014/C 175/77

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 decision on the transfer of the applicant’s pension rights to the European Union pension scheme which applies the new GIP relating to 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 unlawful Article 9 of the general provisions implementing Article 11(2) of Annex VIII to the Staff Regulations;

— annul the decision of 24 May 2013 to calculate the accredited pension rights acquired by the applicant before his entry into service, in the context of the transfer of those rights to the pension scheme of the institutions of the European Union, pursuant to the general provisions implementing Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
—

Annul the decision of 18 September 2013 to credit the pension rights acquired by the applicant before taking up his duties, in the context of the transfer of those rights in the EU institutions’ pension scheme, pursuant to the general implementing provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;
—

Annul the decision not to promote her to grade AD 13 as is evident from the list published on 26 September 2013 and the Appointing Authority’s response to the complaint dated 7 February 2014;
—

Since there is a place on the reserve list for competition EPSO/AD/248/13 to constitute a reserve from which to recruit administrators in Field 1 (‘Security of Buildings’) and since the applicant was awarded a mark of 53,38, which is higher than the minimum mark set by EPSO of 51,01, include the applicant on the reserve list for that competition;
EN Official Journal of the European Union C 380/26

Action brought on 17 July 2014 — ZZ v Council

(Case F-67/14)

2014/C 380/34

Language of the case: French

Parties

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

Defendant: Council

Subject-matter and description of the proceedings

Annulment of the decision to terminate the applicant’s employment at the end of his probationary period and compensation for the non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 25 June 2013 of the Secretariat of the Council and the decision of 8 April 2014 of the appointing authority of the Council, by which the applicant’s employment was terminated;

— order the defendant to pay, by way of damages, a sum calculated on the basis of the applicant’s monthly remuneration as a member of staff employed at Grade AST 3 (EUR 3 500) multiplied by the number of months expired between 1 July 2013 and the date of delivery of the judgment in the present case;

— order the defendant to pay EUR 40 000 in respect of the non-material harm suffered;
—

rule that the contested decision will take effect only on the first day of the following month, which is 1 December 2013, with respect to the changes to the amount of the survivors’ and orphans’ pensions awarded to the applicants.
—

order compensation for the material damage consisting of the loss of an opportunity to obtain an Additional Salary Increase in 2014, evaluated at EUR 54 635 or alternatively annulment of the procedure leading up to the decision of 25 February 2014 and the organisation by the ECB of a new procedure for granting additional salary increases for 2014;
EN Official Journal of the European Union C 7/59

Action brought on 27 October 2014 — ZZ v Commission

(Case F-124/14)

(2015/C 007/76)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision not to increase the salary of the applicant, who is a member of the contract staff, in the light of the increase in working hours to 40 hours per week as a consequence of the entry into force of the new Staff Regulations on 1 January 2014.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the applicant’s salary statement for January 2014 and the statements for the subsequent months insofar as they do not provide for the additional monthly amount calculated in accordance with Articles 6 and 7 of the GIP No 1287 of 27 April 2005 and taking account of the increase in working hours;
EN Official Journal of the European Union C 7/55

Action brought on 20 October 2014 — ZZ and Others v Commission

(Case F-113/14)

(2015/C 007/68)

Language of the case: French

Parties

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

Defendant: Commission

Subject-matter and description of the proceedings

The finding of illegality of Article 45 and Annex I of the Staff Regulations and the transitional measures relating thereto, and the annulment of decisions of the appointing authority, of both general and individual scope, relating to the promotion of the eight applicants, officials in grades AD 12 and AD 13, as part of the 2014 annual promotion exercise.

Form of order sought

— Declare Article 45 of the Staff Regulations and Annex I as well as the transitional measures relating thereto to be illegal;

— Annul the decisions of the appointing authority, of both general and individual scope, to block any possibility of promotion for the applicants, as officials in grade AD 12 or AD 13, as part of the 2014 annual promotion exercise;

— Order the Commission to pay the costs;

— In the alternative: annul the decisions of the appointing authority of both general and individual scope, to block any possibility of promotion for the applicants, as officials in grade AD 12 or AD 13, as part of the 2014 annual promotion exercise 2014;
EN Official Journal of the European Union C 34/52

Action brought on 17 November 2014 — ZZ v European Parliament

(Case F-132/14)

(2015/C 034/64)

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decisions taken by the European Parliament to implement the judgment of the Civil Service Tribunal of 12 December 2013 in Case F-129/12 CH v Parliament, refusing to open an administrative inquiry on the applicant’s complaint alleging harassment, to pay the applicant additional financial compensation and to grant the applicant all the benefits and ancillary benefits linked to the existence of his contract as an accredited parliamentary assistant, the termination of which was annulled by the Tribunal in its aforementioned judgment, and an application for damages in respect of the material and non-material loss allegedly incurred.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the European Parliament of 3 March 2014, in so far as it refused to open an administrative inquiry relating to the applicant’s complaint alleging harassment, and the Parliament’s decision of 2 April 2014, in so far as it refused to pay the applicant the sum of EUR 5 686, those decisions showing the measures taken by the institution intended, according to that institution, to implement the judgment of the Civil Service Tribunal of 12 December 2013, in Case F-129/12, CH v European Parliament;

— annul the decision of the European Parliament dated 4 August 2014, received on 7 August 2014, rejecting the applicant’s complaint of 16 April 2014, in so for as it refused to pay the applicant the sum of EUR 5 686, to compensate him for the loss incurred as a result of the delay in obtaining an ACA badge, a professional email address and access to the European Parliament’s intranet, to open an administrative inquiry on his complaint of harassment and to compensate the applicant for the non-material harm incurred as a result of that latter refusal;

— order the defendant to pay damages, fixed at EUR 1 44 000, to compensate the applicant for the material loss incurred;

— order the defendant to pay damages, fixed on equitable principles at EUR 60 000, to compensate the applicant for the non-material loss incurred;

— order the defendant to pay interest, fixed at the European Central Bank rate, increased by 2 points, on the aforementioned sums of EUR 5 686 and EUR 1 44 000;
EN Official Journal of the European Union C 431/48

Action brought on 24 June 2014 — ZZ v European Commission

(Case F-59/14)

(2014/C 431/76)

Language of the case: German

Parties

Applicant: ZZ (represented by: H. Mannes, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Civil service — Application for compensation for the material and non-pecuniary loss, together with default interest, which the applicant has suffered by means of loss of an opportunity to obtain a post with the EU, based on the judgment of the Civil Service Tribunal of 29 September 2010 in Case F-5/08 Brune v Commission.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— Order the defendant to pay compensation to the applicant for the material and non-pecuniary loss, together with default interest, which the latter has suffered as a result of his unlawful exclusion from open competition EPSO/AD/26/05;

— Order the defendant to pay the costs of the proceedings;
—

Order the Committee of the Regions to pay the applicant that allowance again with effect from the same date, together with interest at the rate of the ECB’s refinancing operations on the amount corresponding to allowances that are not granted to him, from the date on which they should have been paid until payment in full;
EN Official Journal of the European Union C 89/49

Action brought on 26 January 2015 — ZZ v Commission

(Case F-11/15)

(2015/C 089/60)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions determining the applicant’s 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 applicant’s annual travel expenses as of 2014 onwards;
—

Annul the decision of the appointing authority of 19 May 2014 rejecting the applicant’s claim for payment of the resettlement allowance corresponding to the second month of his basic salary;
EN Official Journal of the European Union C 146/50

Action brought on 20 February 2015 — ZZ v EEAS

(Case F-30/15)

(2015/C 146/70)

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, adopted pursuant to the annulling judgment of the European Union Civil Service Tribunal of 26 February 2014 in Case F-53/13, Diamantopoulos v EEAS, not to promote the applicant to grade AD 12 in the 2012 promotion exercise, and the claim for damages for the non-material and material harm allegedly sustained.

Form of order sought

— Declare unlawful the decision of 29 April 2014 not to promote the applicant to grade AD 12 in the 2012 promotion exercise;

— order the defendant to pay the applicant damages of EUR 25 000;
EN Official Journal of the European Union C 213/46

Action brought on 20 April 2015 — ZZ v European Commission

(Case F-57/15)

(2015/C 213/75)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for, first, a declaration that Article 9 of the general provisions implementing Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011 (GIP) is illegal and, secondly, annulment of the decision confirming the transfer of the pension rights acquired by the applicant to the EU institutions pensions scheme in accordance with the new GIP.

Form of order sought

The applicant claims that the Tribunal should:

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

— annul the decision of 18 September 2014 to credit the pension rights acquired by the applicant prior to his entry into service, in the context of the transfer of those rights to the EU institutions pension scheme, in accordance with the general provisions implementing Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;