ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 285/56

Action brought on 1 September 2008 — Aparicio and Others v Commission

(Case F-75/08)

(2008/C 285/102)

Language of the case: French

Parties

Applicants: Jorge Aparicio (Antiguo Cuscatlan, Salvador) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

First, illegality of Article 5(1)(d) of the General Implementing Provisions relating to the selection procedure for members of contract staff under Article 3a and, secondly, annulment of EPSO's decisions not to include the applicants' names on the list of successful candidates and in the database for the recruitment procedure CAST 27/Relex.

Form of order sought

The applicant claims that the Tribunal should:

— Declare Article 5(1)(d) of the General Implementing Provisions relating to the selection procedure for members of contract staff under Article 3a illegal;

— Annul EPSO's decision not to include the applicants' names on the list of successful candidates and in the database for the recruitment procedure CAST 27/Relex
EN Official Journal of the European Union C 247/25

Action brought on 24 July 2008 — Sevenier v Commission

(Case F-62/08)

(2008/C 247/50)

Language of the case: French

Parties

Applicant: Roberto Sevenier (Paris, France) (represented by: E. Boigelot, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the Commission's decision rejecting the applicant's request, first, to withdraw his tender of resignation and, second, for his case to be submitted to the medical committee and, consequently, an application for reinstatement of the applicant at the European Commission with reconstitution of his career from the date of his tender of resignation.

Form of order sought

— Annul the Commission decision of 24 September 2007 inasmuch as it rejects the applicant's request, first, to withdraw his tender of resignation of 19 October 1983 and, second, for his case to be submitted to the medical committee;

— Consequently, reinstate the applicant at the European Commission with reconstitution of his career from 19 October 1983;
—

annul the decision of 9 April 2008 of the Head of the Pensions and Social Insurance Unit, setting, in Article 3, the proportion of partial permanent invalidity attributable to occupational disease at 20 %;
EN Official Journal of the European Union C 327/43

Action brought on 22 October 2008 — Voslamber v Commission

(Case F-86/08)

(2008/C 327/82)

Language of the case: German

Parties

Applicant: Dietrich Voslamber (Freiburg, Germany) (represented by: L. Thielen, Rechtsanwalt)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the Commission's decision of 9 July 2008, in so far as it rejected the applicant's application for primary sickness insurance cover for his spouse.

Form of order sought

— Annul the decision of DG ADMIN.B of the European Commission of 9 July 2008 against the applicant;

— Uphold the applicant's application that in his case his spouse is entitled to primary insurance through the JSIS;

— Reserve the applicant all rights to provide a more detailed statement of reasons for this application;
EN Official Journal of the European Union C 113/47

Action brought on 9 March 2009 — De Benedetti-Dagnoni v Council

(Case F-21/09)

2009/C 113/99

Language of the case: French

Parties

Applicant: Rosangela De Benedetti-Dagnoni (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AST 7 in the 2008 promotion procedure and, so far as necessary, of the decisions to promote less deserving officials to that grade.

Form of order sought

The applicant claims that the Tribunal should:

— annul the appointing authority’s decision not to promote the applicant to grade AST 7 in the 2008 promotion procedure and, so far as necessary, the decisions to promote less deserving officials to that grade;
EN Official Journal of the European Union C 69/54

Action brought on 21 January 2009 — De Britto Patricio-Dias v Commission

(Case F-4/09)

(2009/C 69/120)

Language of the case: French

Parties

Applicant: Jorge De Britto Patricio-Dias (Brussels, Belgium) (represented by: L. Massaux, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the decision to reassign the applicant to unit TREN.B.3

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decisions of the Appointing Authority of 11 April 2008 and 21 October 2008;
EN Official Journal of the European Union C 167/27

Action brought on 2 April 2009 — Goddijn v Europol

(Case F-39/09)

2009/C 167/53

Language of the case: Dutch

Parties

Applicant: Jaqueline Goddijn (Breda, the Netherlands) (represented by: P. de Casparis)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Application for 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 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 applicant’s objections to the decision of 12 June 2008 were unfounded;
EN Official Journal of the European Union C 129/22

Action brought on 1 April 2009 — Tzvetanova v Commission

(Case F-33/09)

2009/C 129/40

Language of the case: French

Parties

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

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision of the Commission to refuse the applicant the benefit of the expatriation allowance provided for in Article 4(1)(a) of Annex VII to the Staff Regulations.

Form of order sought

— Annul the decision of the appointing authority not to grant the applicant the expatriation allowance;
—

order the Commission to pay to the applicant by way of compensation for the damage suffered by the applicant resulting from the failure to provide the list of documentation, with effect from tomorrow until the day on which the list of documentation is provided to the applicant, the sum of EUR 100 per day, or such greater or lesser sum as the Tribunal may consider fair and just, to be paid on the first day of the month following delivery of judgment in this case as regards the sums already accrued in respect of the period between tomorrow and the last day of the month in which judgment is delivered in this case and on the first day of each month following that in which the judgment is delivered in respect of rights accrued during the previous month;
EN Official Journal of the European Union C 180/65

Action brought on 2 June 2009 — Dionisio Galao v Committee of the Regions

(Case F-57/09)

2009/C 180/121

Language of the case: French

Parties

Applicant: Ana Maria Dionisio Galao (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Committee of the Regions

Subject-matter and description of the proceedings

Application for annulment of the defendant’s decision fixing the applicant’s conditions of employment as a member of the contract staff under Article 3b of the CEOS, in so far as it limits the duration of the contract to 3 months, and annulment of two addendums to the applicant’s contract of employment as a member of the temporary staff, amending the date of expiry of that contract.

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of the Committee of the Regions of 19 December 2008 in so far as it fixes the applicant’s conditions of employment as a member of the contract staff under Article 3b of the CEOS and, specifically, in so far as it limits the duration of that contract to 3 months;

— annul the decision of the Committee of the Regions of 23 October 2008 in so far as it amends, by addendum No 9 to the contract, the applicant’s conditions of employment as a member of the temporary staff under the second paragraph of Article 8 of the CEOS and, specifically, in so far as it postpones the date of expiry to 31 December 2008;

— annul the decision of the Committee of the Regions of 22 September 2008 in so far as it amends, by addendum No 8 to the contract, the applicant’s conditions of employment as a member of the temporary staff under the second paragraph of Article 8 of the CEOS and, specifically, in so far as it amends the date of expiry of the contract by postponing it from 30 September to 31 December 2008;
—

declare that Chapter 3 of Title II of the Commission Decision of 2 July 2007 laying down General Implementing Provisions for the reimbursement of medical expenses is inapplicable in accordance with Article 241 of the EC Treaty: — insofar as it provides that the cost of providing ‘board and lodging’ for an essential living-in carer is not refundable, and, — in so far as it imposes a limit on the amount of the repayment that may be made for the cost of an essential living-in care;
—

consequently, order the annulment of the decision of the Authority Authorised to Conclude Contracts of Engagement No R/9/09 of 21 April 2009 dismissing the applicant’s claim seeking the fixing of his place of recruitment in Bulgaria and fixing the period of daily allowance in accordance with Article 10(2)(b) of Annex VII to the Staff Regulations;
—

consequently, order the defendant (i) by way of damages and interest, to pay the applicants the remuneration in respect of the period from the date on which the termination of their contracts took effect until the date of their reinstatement on account of the annulment of the decisions taken and (ii) to reconstitute the career of each applicant unlawfully halted by the decisions to terminate their contracts; in the event that the applicants’ reinstatement results in significant practical difficulties or is excessive with regard to the situation of a third party, order the defendant to pay monetary compensation equitable to the unlawful termination of the applicants’ contracts. Such compensation must take into account, inter alia, not only the loss of remuneration with regard to the past but also the applicant’s genuine opportunity to remain in the service of OHIM until their retirement age under a contract for an (fully) indeterminate period and to develop in their career;
—

in so far as necessary, confirm that a Commission official: (a) sent or arranged to be sent to the Direttore A.S.L. Le 2 — Maglie the note of 9 December 2003 concerning ‘Medical examination in Tricase (Le)’; (b) asked him to arrange for the applicant to have a medical examination; (c) informed him that, by reason of an extended period of illness (more than 365 days), a procedure had been initiated (Invalidity Committee) to assess whether or not the applicant was fit for work; (d) expressed to him his opinion, which was wholly unfounded, that the applicant ‘had employed numerous delaying tactics in order to stall the convening of the Invalidity Committee, all of which were rejected by the competent department of the European Commission as lacking in justification’; (e) informed him that the applicant ‘has been invited to attend a medical examination in Brussels on Monday 8 December 2003’; (f) gave him the name of the person appointed to represent the institution on the Invalidity Committee; (g) informed him that, by 9 December 2003, ‘no medical certificate ha[d] been sent by fax to the Commission’s Medical Service’; (h) expressed to him his opinion, which was wholly unfounded, that the applicant should have sent a medical certificate by fax to the Commission’s Medical Service to justify his failure to attend the medical examination which should have taken place in Brussels on 8 December 2003; (i) attached two documents to the note of 9 December 2003, the first relating to the alleged referral of the applicant’s case to the Invalidity Committee and the second summoning the applicant to attend a medical examination;
—

In so far as necessary, confirm that the procedure for ensuring that the applicant was afforded the legal guarantees under Article 73 of the Staff Regulations of Officials of the European Communities in connection with an accident sustained by him on 12 September 2003 continued for over five years.
EN Official Journal of the European Union C 100/70

Action brought on 29 January 2010 — Hecq v Commission

(Case F-10/10)

2010/C 100/103

Language of the case: French

Parties

Applicant: André Hecq (Chaumont-Gistoux, Belgium) (represented by: L. Vogel, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decision rejecting an application for reimbursement of 100 % of various medical costs.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the implied decision, which the appointing authority is deemed to have adopted on 7 April 2009, rejecting the applicant’s application, dated 7 December 2008, by which he requested the reimbursement in their entirety, pursuant to Article 73 of the Staff Regulations, of three instances of medical treatment, namely a psychiatrist’s appointment of 6 October 2008, medication prescribed by the same psychiatrist and issued to the applicant on 21 October 2008 and a doctor’s appointment of 1 December 2008;

— So far as necessary, annul the decision adopted by the appointing authority on 20 October 2009 by which that authority rejected the applicant’s complaint brought on 25 June 2009, against that implied decision of 7 April 2009;
EN Official Journal of the European Union C 209/53

Action brought on 19 May 2010 — Lebedef v Commission

(Case F-33/10)

()

2010/C 209/83

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application to annul the applicant’s career development report in respect of the period from 1.1.2005 to 31.12.2005, as it was drawn up following its annulment by the Civil Service Tribunal in Case F-36/07

Form of order sought

The applicant claims that the Tribunal should:

— annul the applicant’s career development report (CDR) in respect of the period from 1.1.2005 to 31.12.2005, as it was drawn up following its annulment by the Civil Service Tribunal by the judgment of 7 May 2008 in Case F-36/07 Lebedef v Commission;
—

annul the decision of the appointing authority, known to the applicant on 22 November 2009, to exclude him from the 2009 promotion exercise;
EN Official Journal of the European Union C 260/28

Action brought on 30 July 2010 — Esders v Commission

(Case F-62/10)

()

2010/C 260/40

Language of the case: French

Parties

Applicant: Jürgen Esders (Berlin, Germany) (represented by: S. Rodriguez, M. Vandenbussche and C. Bernard-Glanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision reassigning the applicant to Brussels as part of the 2010 rotation.

Form of order sought

— Declare this action to be admissible;

— annul the appointing authority’s decision of 27 July 2010 reassigning the applicant to Brussels as from 1 September 2010;
—

In the alternative, should the Tribunal take the view that Article 1(2) of Annex VII to the Staff Regulations permitted the authority authorised to conclude contracts (AACC) to refuse to allocate to the applicant the household allowance although it is impossible for the couple of which he is part to marry because their sexual orientation is rendered illegal by the national law to which his partner is subject, acknowledge that Article 1(2)(c)(iv) of Annex VII to the Staff Regulations is unlawful in so far as it provides for a reference to the law of one of the Member States in assessing the possibility of access to marriage and, consequently, not apply that condition in the present case;
—

in consequence of such annulment, carry out a fresh comparative examination of the merits of the applicant and other candidates for the 2009 promotions year and promote the applicant to grade AST4 with retrospective effect from 1 January 2009; interest on arrears of remuneration as from 1 January 2009 at two points above the European Central Bank rate for main refinancing operations;
EN Official Journal of the European Union C 301/63

Action brought on 9 September 2010 — Kimman v Commission

(Case F-74/10)

()

2010/C 301/102

Language of the case: French

Parties

Applicant: Eugène Emile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the applicant’s appraisal report for 2008.

Form of order sought

— Annul the applicant’s appraisal report for 2008;
—

order the defendant to pay the difference between the pension increase of 0,6 % granted unlawfully to the applicant as from January 2010 and that of 2,1 % to which he should have been entitled, namely a salary increase of 1,5 % per month as from January 2010. Those amounts should have interest applied as from their respective due dates until the date of actual payment, calculated on the basis of the rate set by the European Central Bank for main refinancing operations, applicable during the relevant period, plus 2 points;
—

Annul, first, the decision to reduce the ‘education allowance’ paid to the applicant as specified in the pay slip of February 2010, and the pay slip in question to the extent that it partially reduces the ‘education allowance’: second, the Commission decision of 26 February 2010 relating to the reduction of the ‘education allowance’ paid to the applicant and to the deduction of a sum of EUR 375 from that allowance, a deduction which appears on the pay slip of March 2010; third, the pay slip of March 2010, reducing the ‘education allowance’ paid to the applicant and containing a backdated reduction of EUR 375; fourth, the pay slips for the months of April to August 2010, to the extent that they contain a partial reduction of the ‘education allowance’; fifth, the Commission decision of 9 July 2010, expressly rejecting the complaint;
—

Annul the decision of 12 February 2010‘annulling’ the proposal of 16 September 2009, accepted by Mr Falcione on 9 October 2009, relating to the transfer, under Article 11(2) of Annex VIII to the Staff Regulations, of his pension rights;
—

annul the appointing authority’s decision of 25 March 2010 by which the applicant was forcibly removed, without justification or written or verbal notification and without notice, and by which his staff card was withdrawn together with the measures taken as a result of that decision;
EN Official Journal of the European Union C 186/36

Action brought on 18 April 2011 — ZZ v Commission

(Case F-49/11)

2011/C 186/68

Language of the case: English

Parties

Applicant: ZZ (represented by: B. Rohde-Liebenau, advocate)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision of the European Commission refusing the applicant's request to take out certain documents from his medical file and a claim for damages.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— Annul the decision of 17 January 2011 by the AIPN (No R/588jlO);

— order the Commission to make a payment to the applicant as reimbursement for medical costs in the amount of 363,23 EUR;

— order the Commission to provide access to the complete personal file including all medical files to the applicant's named doctor, — or alternatively by sending it to the legal representative of the applicant in this procedure; — or alternatively, by providing access to a copy of the entire file; — or alternatively, by providing electronic access to the entire file;

— order the Commission to declare that no parallel or additional personal or medical files exist; — or alternatively, order the Commission to delete any such additional files and any copies thereof, — or alternatively, order the Commission to insert their full content in the regular personal file (or its medical file);

— order the Commission to pay a compensation for the damage suffered on account of the infringement of his fundamental rights undermining his honour and reputation in an amount deemed appropriate ex aequo et bono by the Tribunal and according to its precedents, but not less than one yearly net income of the applicant at the time of his regular service for the defendant immediately preceding the incident of 2000;

— order the Commission to make a payment to the applicant of a lump sum of 717 863,04 EUR equal to eight times his annual basic salary calculated on the basis of the amounts of salary received during the twelve months before the accident in accordance with Article 73(2b) of the Staff Regulations; — or alternatively a fraction thereof, as deemed appropriate by the Tribunal ex aequo et bono;
—

in so far as it is necessary, annul the selection board’s decision in competition EPSO/AD/147/09-RO to award the applicant an eliminatory mark of 6/10 for his written test C;
—

On annulment of the statement of 1.6.2010, List No 10003157; of 4.6.2010, List No 10003164 and of 25.11.2010, List No 10003383, and the approval decisions AZ: 100525302817 of 4.6.2010 and 100525302817 of 11.6.2010, order the defendant to pay the applicant EUR 4 251,49 plus interest at the rate of 5 percentage points;
EN Official Journal of the European Union C 204/30

Action brought on 4 May 2011 — ZZ v European Ombudsman

(Case F-54/11)

2011/C 204/55

Language of the case: French

Parties

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

Defendant: European Ombudsman

Subject-matter and description of the proceedings

Annulment of the decision to apply to the applicant the disciplinary measure of dismissal without loss of pension rights. Consequently, a claim to restore the applicant to his post and, in the alternative, to grant him a sum corresponding to the remuneration which he would have received between the date of effect of the dismissal and the date at which he will reach retirement age. In any event, the grant of a sum to the applicant in respect of the non-material damage suffered.

Form of order sought

— Annul the disciplinary decision of the European Ombudsman of 20 July 2010 to apply to the applicant the disciplinary measure of dismissal without loss of pension rights;

— in so far as is necessary, annul the decision of 18 January 2011 expressly rejecting the complaint;

In so far as is necessary:

— declare that the annulment of the decision to dismiss carries with it the restoration of the applicant, with retroactive effect from the date of effect of the decision to dismiss, to his position as administrator in Grade A5, step 2, and the payment of those financial entitlements due to him for the whole of that period, together with default interest at 2 points above the interest rate of the European Central Bank;

— in the alternative, order the defendant to pay a sum corresponding to the remuneration that the applicant would have received from the date of effect of his dismissal in August 2010 until the month in which he will reach retirement age, July 2040, and to the applicant’s adjusted pension rights;

— in any event, order the defendant to pay the sum of EUR 65 000 in respect of the non-material damage suffered by the applicant;