Case T-249/05: Action brought on 30 June 2005 by Tineke Duyster against the Commission of the European Communities
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, parental leave, regulations for civil servants

C 217/50

EN

Official Journal of the European Union

3.9.2005

Action brought on 30 June 2005 by Tineke Duyster
against the Commission of the European Communities

to her status as an official and the non-material detriment
resulting from that uncertainty;

(Case T-249/05)

7. order the Commission to pay the costs.

(2005/C 217/105)

Pleas in law and main arguments

(Language of the case: Dutch)

The applicant submitted an application for parental leave for
the period from 8 November 2004 until 7 May 2005.
In
response, the Commission granted the applicant parental leave
from 1 November 2004 until 30 April 2005.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 30 June 2005 by Tineke Duyster,
residing in Oetrange (Luxembourg), represented by W. H. A. M.
van den Muijsenbergh, lawyer, with an address for service in
Luxembourg.

The applicant claims that the Court should:

The applicant states that no formal refusal was received in
response to her request for parental leave for the period from 8
November 2004 until 7 May 2005 and she concludes that her
request was implicitly rejected. She also states that, as she did
not challenge that rejection and did not submit any other appli-
cation, she was in active service from 1 November 2004 until
30 April 2005 inclusive and is thus entitled to all benefits asso-
ciated therewith.

1. annul the Appointing Authority's decision of 6 April 2005;

2. annul the decision on the award of parental

leave of 1
November 2004 to 30 April 2005 inclusive and/or the
salary slip for November 2004, and/or the Commission's
decision of 30 November 2004 not to take account of the
request for deferment or cancellation of the parental leave;

3. find that from 1 November 2004 until 30 April 2005 inclu-
sive Mrs Duyster has all substantive rights connected with
inter alia,
the active service of an official and therefore,
payment according to her grade and step must be made to
her with retroactive effect;

In support of her application the applicant also submits that
the decision awarding parental leave from 1 November 2004
until 30 April 2005 was adopted contrary to the principle of
equality, the principle of legal certainty, Article 42a of the Staff
Regulations and Articles 25, 26, 35, 36 and 62 of the Staff
Regulations.

4. find that this payment must be made with interest for late

payment;

Action brought on 24 June 2005 by European Dynamics
S.A. against the Office for Official Publications of the
European Communities

5. find that parental leave with regard to her son may still be
requested (even if, after the date when the judgment of the
Court becomes effective, he is older than 12 years old or
almost older than 12 years old) since the failure to approve
the request submitted is the Commission's fault; alterna-
tively, that, since the inability to take up parental leave in
regard to her son is the fault of the Commission compensa-
tion must be paid for this corresponding to the loss of bene-
fits for parental
insurance, seniority, the accrual of
pension; appraisal reports and promotion opportunities,
which can be estimated at a total of EUR 27 000; or, in the
further alternative, that damages of EUR 800 per month
over the period not taken up in respect of parental leave for
her son shall be paid for loss of parental benefit, EUR 100
for loss of insurance, EUR 1 200 for loss of pension rights;

leave,

6. find that damages of EUR 2 500 must be paid to her as
compensation for the uncertainty caused to Mrs Duyster as

(Case T-250/05)

(2005/C 217/106)

(Language of the case: English)

An action against the Office for Official Publications of the
European Communities was brought before the Court of First
Instance of the European Communities on 24 June 2005 by
European Dynamics S.A., established in Athens (Greece), repre-
sented by N. Korogiannakis, lawyer.