Case T-398/05: Action brought on  7 November 2005  — Tesoka v European Foundation for the Improvement of Living and Working Conditions
Date: 2006-01-14
Institutions: Court of First Instance
Subjects: Eurofound, European official, action by staff, dismissal, indemnification, personnel administration, regulations for civil servants

C 10/28

EN

Official Journal of the European Union

14.1.2006

(b) the award, in the 2004 promotion exercise, of points
awarded on appeal for reasons other than a finding of
merit in that period, priority points for work in the
the institution and transitional priority
interest of
points;

(c) as regards the points in (b), the merit list of officials in
Grade A5 for promotion exercise 2004, published in
Administrative Notices No 114-2004 of 20 September
2004 and No 119-2004 of 27 September 2004, and
the list of officials promoted to Grade A4 under the
2004 promotion exercise, published in Administrative
Notice No 130-2004 of 30 November 2004; and the
decision not to enter the applicant on those lists;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant advances similar pleas to
those advanced in Case T-385/04 (1).

(1) OJ C 284, 20.11.2004, p. 27.

— Order the defendant to pay the applicant fair compensation
of EUR 35 000, together with interest for late payment at
the rate of 7 % from 2 August 2005;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a member of the defendant's staff since 2001,
resigned on 2 August 2005 in order to receive the pecuniary
benefits set out under Regulation No 1111/2005 for staff
In her
members who had resigned before 4 August 2005.
action, the applicant argues that the defendant rejected her
application for indemnities to which she was entitled, and for
the documents which she needed to receive social protection in
her country of residence, and claims annulment of that decision
of refusal and compensation for the damage allegedly suffered.

In support of her action, she alleges infringement of the second
subparagraph of Article 17(2) of Regulation No 1860/76 as
amended by Article 8 of Regulation (EC) No 1111/2005, infrin-
gement of Article 28a of the Conditions of Employment of
Other Servants of the European Communities, of the provisions
of Commission Regulation 91/88 of 13 January 1988, and of
her legitimate expectations.

Action brought on 7 November 2005 — Tesoka v Euro-
pean Foundation for the Improvement of Living and
Working Conditions

Action brought on 21 October 2005 — Wils v European
Parliament

(Case T-398/05)

(2006/C 10/55)

(Case T-399/05)

(2006/C 10/56)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant: Sabrina Tesoka (Overijse, Belgium) (represented by:
J.-L. Fagnart, lawyer)

Applicant: Dieter Wils (Altrier, Luxembourg)
G. Vandersanden and C. Ronzi, lawyers)

(represented by:

Defendant: European Foundation for the Improvement of Living
and Working Conditions

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

— Annul the explicit decision of rejection of 14 October 2005

— Rule that the applicant may receive all the allowances and
benefits which she can claim by reason of her resignation
of 2 August 2005 pursuant to the second subparagraph of
Article 17(2) of Regulation No 1860/76 amended by
Article 8 of Regulation (EC) No 1111/2005 of 24 June
2005;

Form of order sought

The applicant claims that the Court should:

— Annul the applicant's salary slip for January 2005 with
retroactive effect from 1 July 2004, insofar as it increases
the rate of contribution to the pension scheme to 9.75 %,
and order repayment to the applicant of the percentage of
the contribution corresponding to the increase in rate.
Accordingly — in the earlier salary slips — restore the rate
of contribution to the level set before 1 July 2004;

— Order the defendant to pay the costs.