ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 361/31

Action brought on 12 July 2014 — ZZ v Commission

(Case F-64/14)

2014/C 361/47

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 of 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 2/4/2014 dismissing the applicant’s complaint;
—

Annul the contested staff report, the decision on merit points and, so far as necessary, the decision on the complaint;
—

order the defendant to pay the applicant interest at the rate applied by the ECB for its refinancing operations on the amount corresponding to each of those allowances, from the date when it became due until full payment;
EN Official Journal of the European Union C 388/30

Action brought on 25 July 2014 — ZZ v Commission

(Case F-74/14)

2014/C 388/37

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Declaration of the unlawfulness of Article 7 of Annex V and Article 8 of Annex VII to the new Staff Regulations of Officials and of the annulment of the decision withdrawing from the applicant the benefit of travelling time and reimbursement of travel costs between her place of employment and her place of origin to which she was entitled before the entry into force of that new provision of the Staff Regulations.

Form of order sought

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

— Annul the decision no longer to grant the applicant any travelling time or the reimbursement of annual travel costs with effect from 2014;
EN Official Journal of the European Union C 448/39

Action brought on 4 September 2014 — ZZ v European Commission

(Case F-90/14)

(2014/C 448/49)

Language of the case: German

Parties

Applicant: ZZ (represented by: Hans-Robert Ilting, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application, first, to set aside the decision not to grant the applicant the child allowance from 1 September 2013 because his child is no longer receives ‘educational or vocational training’ within the meaning of Article 2 of Annex VII of the Staff Regulations of officials and, second, to oblige his employer to continue to grant him that allowance and to reimburse him all medical expenses for his daughter retroactively from 1 September 2013.

Form of order sought

The applicant claims that the Court should:

— annul the Commission’s decision, reference HR.D.2/AS/ac/Ares(2014) of 5 June 2014 relating to his complaint, registered on 12 February 2014 with HR.D.2, ‘Appeals and case monitoring’, under reference no R/227/14;
EN Official Journal of the European Union C 7/48

Action brought on 12 September 2014 — ZZ v OHIM

(Case F-93/14)

(2015/C 007/56)

Language of the case: English

Parties

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

Defendant: OHIM

Subject-matter and description of the proceedings

The Annulment of the decision of OHIM, drafted on the grounds of the decision of the president of the Office of 29th March 2012 concerning teleworking, not to authorise the applicant to telework in Barcelona, and thus, obliging her to return to Alicante.

Form of order sought

— Annul the contested decision;
EN Official Journal of the European Union C 7/51

Action brought on 6 October 2014 — ZZ v OHIM

(Case F-102/14)

(2015/C 007/61)

Language of the case: German

Parties

Applicant: ZZ (represented by: Heinrich Tettenborn)

Defendant: Office for Harmonisation in the Internal Market (OHIM)

Subject-matter and description of the proceedings

Annulment of the decision of OHIM to apply the clause contained in the applicant’s contract of employment — which provides for a termination of the applicant’s contract of employment in the event that the applicant is not placed on the reserve list of the next general selection procedure organised by EPSO for its functional group and specialising in industrial property — to selection procedures OHIM/AD/01/13 and OHIM/AST/02/13, and a claim for damages for the non-material damage arising from that decision

Form of order sought

The applicant claims that the Court should:

— set aside the decision of OHIM, which was communicated to the applicant by letter from OHIM dated 28 November 2003, to apply the clause contained in Article 5 of the applicant’s contract of employment — which provides for a termination of the applicant’s contract of employment in the event that the applicant is not placed on the reserve list of the next general selection procedure organised by EPSO for its functional group and specialising in industrial property — to selection procedures OHIM/AD/01/13 and OHIM/AST/02/13, which were published on 31 October 2013;

— order OHIM to pay to the applicant damages of an appropriate amount at the discretion of the Court for the non-material damage arising from the decision of OHIM referred to in paragraph 1 above; and
EN Official Journal of the European Union C 34/51

Action brought on 3 November 2014 — ZZ v Commission

(Case F-128/14)

(2015/C 034/62)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision to impose on the applicant the disciplinary penalty of deferment of advancement to a higher step for a 12-month period.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision adopted by the appointing authority, in the person of three Directors General of the Commission, dated 23 December 2013, by which the penalty of deferment of advancement to a higher step was imposed on the applicant for a 12-month period, taking effect on 31 December 2013, under Article 9(1)(c) of Annex IX to the Staff Regulations;

— in so far as necessary, also annul the decision adopted by the appointing authority on 22 July 2014, by which the applicant’s complaint, dated 21 March 2014, challenging the aforementioned disciplinary sentence of 23 December 2013, was rejected;
EN Official Journal of the European Union C 26/48

Action brought on 23 October 2014 — ZZ v Council

(Case F-118/14)

(2015/C 026/64)

Language of the case: French

Parties

Applicant: ZZ (represented by: C. Garcia-Hirschfeld)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of Council decisions on the classification of officials in grades AD 9 to AD 14 occupying posts identified as holding special responsibilities in the type of post ‘Head of unit or equivalent’ or ‘Adviser or equivalent’ before 31 December 2015 and not placing the applicant among the officials so classified.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision Noo6/14 of the appointing authority of 3 January 2014 and the subsequent decision to assign 34 Council officials to the type of post ‘Head of unit or equivalent’;

— annul, if necessary, the decision of 23 July 2014 rejecting the complaint;
—

order the annulment of the decision of the Appointing Authority of 31.10.2014 (HR.D.2/AS/ac/Ares82014) in response to the complaint filed by ZZ (No. R/781/14);
EN Official Journal of the European Union C 96/25

Action brought on 9 January 2015 — ZZ and ZZ v Commission

(Case F-3/15)

(2015/C 096/32)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decisions rejecting the applicants’ requests for repayment of a portion of the contributions to the European Union pension scheme which were deducted from their pay and the request to reassess the credit relating to the transfer of pension rights, acquired before their entry into service, to the EU scheme.

Form of order sought

— Declare inapplicable Article 22 of Annex XIII to the Staff Regulations in the version in force since 1 November 2014;

— annul the contested decisions;
EN Official Journal of the European Union C 190/37

Action brought on 27 March 2015 — FR v EASA

(Case F-51/15)

(2015/C 190/45)

Language of the case: English

Parties

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

Defendant: European Aviation Safety Agency (EASA)

Subject-matter and description of the proceedings

Annulment of the decision to dismiss the applicant at the end of his probationary period and claim for compensation in respect of the material and non-material damage allegedly sustained.

Form of order sought

— Annul the decision dated 13 June 2014;

— in as far as necessary, annul the decision of 18 December 2014;

— as a consequence, order the compensation of the material prejudice suffered should the applicant not be reintegrated within the European Aviation Safety Agency (EASA);

— order the EASA to pay an indemnity for the moral prejudice suffered, evaluated ex aequo et bono and on a provisional basis at 5 800 euros;
—

Annul the decision of 14 April 2014 of the High Representative of the European Union, Vice-President of the European Commission, to reject the complaint of psychological harassment lodged by the applicant against the Chief Operating Officer of the European External Action Service (EEAS);
EN Official Journal of the European Union C 221/27

Action brought on 23 April 2015 — ZZ v European Commission

(Case F-61/15)

(2015/C 221/37)

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

The annulment of the decision of the Commission’s Office for the Administration and Payment of Individual Entitlements of 25 September 2014 refusing to grant the applicant the expatriation allowance.

Form of order sought

The applicant claims that the Tribunal should:

— annul the AECE’s decision of 25 September 2014 refusing to grant the applicant the expatriation allowance;
EN Official Journal of the European Union C 213/50

Action brought on 24 April 2015 — ZZ v European Commission

(Case F-67/15)

(2015/C 213/81)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Application for the annulment of the decision not to extend the applicant’s contract beyond its termination date, when that occurred at the end of the applicant’s pregnancy.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision taken by the AECC of the Commission not to extend the contract, which expired on 31 August 2014;
—

Annul the decision not to promote the applicant to grade AD 12 including to the list published on 14 November 2014 and the response of the appointing authority to the complaint dated 5 March 2015;
EN Official Journal of the European Union C 262/43

Action brought on 15 June 2015 — ZZ v Commission

(Case F-87/15)

(2015/C 262/59)

Language of the case: French

Parties

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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision not to extend recognition that the applicant’s daughter suffers from a serious illness and compensation for the material and non-material damaged allegedly suffered.

Form of order sought

— Annul the decision of 25 August 2014 of the Brussels Settlements Office, refusing to extend recognition that the applicant’s daughter suffers from a serious illness;

— annul the defendant’s decision of 5 March 2015, rejecting the applicant’s complaint of 24 November 2014;

— order compensation for the material damage and non-material damage suffered by the applicant;
—

Order the defendant to pay an installation allowance of EUR 21 688,20, plus statutory interest, from the date of the application being lodged;
EN Official Journal of the European Union C 302/70

Action brought on 9 July 2015 — ZZ v EEAS

(Case F-101/15)

(2015/C 302/86)

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Application for annulment of the decision of the EEAS not to promote the applicant to grade AD 13 under the 2014 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 29 October 2014 drawing up the list of officials promoted under the 2014 promotion procedure in so far as it does not include his name;
—

Accordingly, order the defendant — to pay the difference in remuneration resulting from the decisions cited above of the Board of Directors of the defendant of 16 December 2014 and of the Management Committee of the defendant of 4 February 2015 as compared to the application of the minimum merit grid; to that difference in remuneration must be added late-payment interest with effect from 12 April 2015 and, subsequently, on the 12th day of each month until payment in full, that interest being set at the rate of the ECB increased by three points; — to pay the difference in remuneration resulting from the application of the rate of 16,3 % on a salary budget defined in accordance with the defendant’s undertakings; — to pay damages in respect of the harm suffered as a result of the loss of purchasing power, that loss being evaluated ex aequo et bono and provisionally at 1,5 % of the monthly remuneration; — to pay to each applicant EUR 1 000 as compensation for the non-pecuniary harm;
EN Official Journal of the European Union C 406/46

Action brought on 12 October 2015 — ZZ v Commission

(Case F-132/15)

(2015/C 406/49)

Language of the case: French

Parties

Applicant: ZZ (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to apply the medical reservation clause in Article 32 of the CEOS, retroactively, with effect from the date of entry into service of the applicant with the Commission and to suspend the invalidity and death insurance and, in addition, annulment of the decision to bar the applicant from being recruited by the Commission for a period of six years to run from the date on which her last contract ended.

Form of order sought

— Annul the decisions of the AECE concerning, firstly, the retroactive application to the applicant of the medical reservation in Article 32 of the CEOS and the suspension of the invalidity and death insurance and, secondly, the bar on the Commission’s recruiting the applicant for a period of six years;
—

Order the defendant to pay the sum of EUR 950 000 in compensation for the non-material harm suffered by the applicant as a result of those decisions and because of its failures in its duty of care and its infringements of procedural safeguards, which sum is to be paid together with interest;
EN Official Journal of the European Union C 59/52

Action brought on 21 December 2015 — ZZ v Commission

(Case F-148/15)

(2016/C 059/60)

Language of the case: French

Parties

Applicant: ZZ (represented by: P. Vanden Casteele, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision of the selection board in Competition EPSO/AD/306/15 — French-language lawyer-linguists (AD 7) not to admit the applicant to the next stage of the competition on the ground that he did not have a level of education corresponding to a completed course of legal training from a Belgian, French or Luxemburgish institution of higher education.

Form of order sought

The applicant claims that the Tribunal should:
—

Annul the decision of the Commission of 9 April 2015 on the reclassification of the applicant’s contract and — where required — the decision of 13 October 2015 (R/513/15) rejecting the complaint of the applicant;
EN Official Journal of the European Union C 251/49

Action brought on 31 March 2016 — ZZ v Commission

(Case F-18/16)

(2016/C 251/56)

Language of the case: French

Parties

Applicant: ZZ (represented by: F. Sciaudone and R. Sciaudone, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application seeking (i) annulment of the Commission’s decision not to regard the applicant as exercising special responsibilities resulting in his assignment to the type of post ‘Head of unit or equivalent’ or ‘Adviser or equivalent’ pursuant to Article 30(3) of Annex XIII to the Staff Regulations and (ii) a finding that Commission Communication SEC (2013) 691 of 18 December 2013, which amends the rules governing the composition of the cabinets of the Members of the Commission and spokespersons, is unlawful.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision rejecting his request to be regarded as exercising special responsibilities resulting in his assignment to the type of post ‘Adviser or equivalent’ pursuant to Article 30(3) of Annex XIII to the Staff Regulations;

— incidentally, given the failure to implement Article 30(3) of Annex XIII to the Staff Regulations fully and in a non-discriminatory manner, annul the communication of 2013 (and the communication of 2014 in so far as it reproduces the communication of 2013);
EN Official Journal of the European Union C 165/22

Action brought on 14 March 2016 — ZZ v Parliament

(Case F-14/16)

(2016/C 165/30)

Language of the case: French

Parties

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

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for annulment of the decision not to renew the applicant’s contract as a member of the contract staff for auxiliary tasks and for damages in respect of the non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 28 May 2015 refusing to renew his contract;

— so far as necessary, annul the implied decision of 31 May 2015 refusing to renew his contract;

— so far as necessary, annul the decision of 7 December 2015 rejecting his complaint;

— order the defendant to pay damages, fixed on equitable principles at EUR 115 000, by way of compensation for the non-material harm he has suffered;
EN Official Journal of the European Union C 371/29

Action brought on 11 August 2016 — ZZ v EEAS

(Case F-41/16)

(2016/C 371/32)

Language of the case: German

Parties

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

Defendant: European External Action Service

Subject-matter and description of the proceedings

Action for annulment or setting aside of the appointing authority’s decisions to reclaim the education allowances allegedly unjustifiably received by the applicant and to refuse the applicant further additional education allowances and an order that the defendant shall repay the deductions.

Form of order sought

The applicant claims that the Court should:

— annul the defendant’s decision of 12 May 2016 on the applicant’s complaints R/18/16 and R/19/16 and the thereby contested orders for the academic year 2014/15;

— in the alternative, set aside the defendant’s decision of 12 May 2016 on the applicant’s complaints R/18/16 and R/19/16 and the thereby contested orders for the academic year 2014/15;

— order the defendant to repay the unjust deductions on the basis of that decision to the applicant;
—

Annul the ‘end of entitlement’ recovery decision, in so far as it sets the end of the applicant’s entitlement to the education allowance for XX and YY as 1 July 2015 instead of 1 October 2015 and in so far as it sets the end of her entitlement to the household allowance as 1 August 2015 instead of 1 October 2015;
EN Official Journal of the European Union C 116/30

Judgment of the Civil Service Tribunal (Third Chamber) of 31 January 2008 — Buendía Sierra v Commission

(Case F-97/05) (1)

(Staff cases - Officials - Promotion - 2004 Promotion procedure - Award of priority points - Temporal application of provisions of the new Staff Regulations)

(2008/C 116/55)

Language of the case: French

Parties

Applicant: José Luis Buendía Sierra (Brussels, Belgium) (represented by: M. van der Woude and V. Landes, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid and V. Joris, Agents, assisted by D. Slater, lawyer)

Re:

First, annulment of the decisions awarding priority points to the applicant in the 2004 Promotion procedure and, secondly, annulment of the merit list of officials in Grade A*11 promoted to Grade A*12 in the 2004 Promotion procedure

Operative part of the judgment

The Tribunal:

1. annuls the decision fixing Mr Buendía Sierra's total number of points at the end of the 2004 Promotion procedure and the decision not to promote him in that procedure;

2. dismisses the remainder of the claims in the action;

3. orders the Commission of the European Communities to pay all the costs.

(1) OJ C 10, 14.1.2006, p. 24 (case initially registered before the Court of First Instance of the European Communities under No T-380/05 and transferred to the European Civil Service Tribunal by order of 15 December 2005).
EN Official Journal of the European Union C 138/22

Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Mische v Parliament

(Case F-93/05) (1)

(Civil service - Appointment - Recruitment and simultaneous transfer to another institution - Grading under new, less favourable rules - Admissibility of the action - Interest in bringing an action - Action out of time)

2012/C 138/40

Language of the case: English

Parties

Applicant: Harald Mische (Brussels, Belgium) (represented: initially by G. Vandersanden and L. Levi, lawyers, and subsequently by R. Holland, B. Maluch and J. Mische, lawyers)

Defendant: European Parliament (represented by: K. Zejdová and L.G. Knudsen, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, Agents)

Re:

Annulment of the Parliament’s decision classifying the applicant at grade A*6 following a competition published before the entry into force of the new Staff Regulations, under the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 amending the Staff Regulations of Officials) and an application for damages

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs;

3. Orders the Council of the European Union, the intervener, to bear its own costs.

(1) OJ C 315, 10.12.2005, p. 15 (case initially registered before the Court of First Instance of the European Communities under the Number T-365/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).