Case F-62/06: Action brought on  23 May 2006  — Guarnieri v Commission
Date: 2006-07-15
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, regulations for civil servants, survivor's benefit, widowed person

15.7.2006

EN

Official Journal of the European Union

C 165/35

Action brought on 12 May 2006 — Stump and Camba
Constenla v Court of Justice

(Case F-60/06)

(2006/C 165/70)

bono at EUR 200 000 for the moral prejudice and the
payment of the salary of the applicant from July 2005 to
15 October 2009 for the material prejudice;

— order the defendant to bear the costs of the proceedings.

Language of the case: French

Pleas in law and main arguments

Parties

Applicants: Krisztina Stump and Carmen Camba Constenla
(Luxembourg, Luxembourg)
(represented by: S. Orlandi, A.
Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Court of Justice of the European Communities

Form of order sought

The applicants claim that the Tribunal should:

— Annul the decisions appointing the applicants officials of
the European Communities in so far as the decisions set
their grade of recruitment in accordance with Article 12 or
13 of Annex XIII to the Staff Regulations;

— Order the Court of Justice to pay the costs.

Pleas in law and main arguments

In support of their action, the applicants rely upon pleas in law
very similar to those put forward in Case F-12/06 (1).

(1) OJ C 86, 8.4.2006, p. 48.

Action brought on 12 May 2006 — Sapara v Eurojust

(Case F-61/06)

(2006/C 165/71)

Language of the case: English

Parties

The applicant, a former temporary agent of Eurojust, challenges
the decision to terminate her contract at the end of the proba-
tionary period.

In support of her claims, she relies on the following pleas:

— infringement of Article 14 of the Conditions of Employ-
ment of Other Servants of the Communities (CEOS) and of
Article 9 of the Staff Regulations;

— breach of the general principle of law imposing the motiva-

tion of any act affecting the applicant's interests;

— flagrant errors in the appraisal of facts leading to errors in

law;

— breach of the general principle of good administration and

of the rights of defence;

— misuse of power.

regards

the request

As
the applicant
considers that she has been the victim of harassment an that
she has been defamed on several occasions.

for compensation,

Action brought on 23 May 2006 — Guarnieri v Commis-
sion

(Case F-62/06)

(2006/C 165/72)

Language of the case: French

Parties

Applicant: Daniela Guarnieri
(represented by: E. Boigelot, lawyer)

(St-Stevens-Woluwe, Belgium)

Applicant: Cathy Sapara (The Hague, The Netherlands) (repre-
sented by: G. Vandersanden and C. Ronzi, lawyers)

Defendant: Commission of the European Communities

Defendant: Eurojust

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 6 July 2005 to terminate the appli-
cant's contract and order her reintegration in Eurojust from
that date;

— order the compensation of the prejudice suffered by the
applicant, evaluated on a provisional basis ex aequo et

Form of order sought

The applicant claims that the Tribunal should:

— Annul

the Commission's decision of 5 August 2005
adversely affecting the applicant in that, pursuant to the
rule against overlapping allowances laid down in Article
it deducts the Belgian
67(2) of
orphans' pension from the family allowance and declares,
as a result, that a given amount will be withheld from her
pay in accordance with Article 85 of the Staff Regulations;

the Staff Regulations,

C 165/36

EN

Official Journal of the European Union

15.7.2006

— Annul the Appointing Authority's decision of 14 February
the
applicant's

complaint against

2006 rejecting the
contested decision;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official and mother of two chil-
dren, received dependent child allowance under Article 67(2) of
the Staff Regulations. Following her spouse's death on 10 April
2005, she was informed that because of the amendment to
Article 80 of the Staff Regulations, the Commission would not
pay her any orphans' pension. On the other hand, she obtained
family allowances and orphans' pension from the Belgian
authorities. As the total amount of the benefits paid by the
latter exceeded the amount of the Community family allow-
ances,
the applicant was no
the Commission decided that
longer entitled to the latter allowances.

In support of her action, the applicant alleges, first, infringe-
ment of Article 67(2) of the Staff Regulations. The allowances
which she receives from the Belgian authorities are not allow-
ances of like nature to those paid by the Community and so
should not give rise to the deduction provided for by that
provision.

The applicant next pleads breach of the obligation, laid down
in Article 25 of the Staff Regulations, to state the grounds on
which any decision relating to a specific individual is based,
breach of the principles of the protection of legitimate expecta-
tions, legal certainty, equal treatment and sound administration,
and of the duty to have regard for the welfare of officials.

She also raises a plea of illegality against the part of Council
Regulation (EC, Euratom) No 723/2004 of 22 March 2004
amending the Staff Regulations of officials of the European
Communities and the Conditions of Employment of other
the European Communities (1) which amends
servants of
Article 80(4) of the Staff Regulations without providing for
transitional measures. According to the applicant, the with-
drawal of the orphans' pension for children whose deceased
parent was not an official or member of the temporary staff
should have been accompanied by transitional measures
enabling officials to make a full actuarial calculation of their
position.

Action brought on 22 May 2006 — Bergström v Commis-
sion

(Case F-64/06)

(2006/C 165/73)

Language of the case: French

Parties

Applicant: Ragnar Bergström (Linkebeek, Belgium) (represented
by: T. Bontinck and J. Feld, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

— Annul the specific decision on a transfer from temporary
staff status to official status reflected in an instrument of
appointment taking effect on 16 September 2005, notified
on 28 September 2005;

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant was informed on 26 April 2004 that he had
been successful in open competition COM/A/3/02, the notice
for which was published on 25 July 2002, to form a reserve
list for the recruitment of administrators in career bracket A7/
A6. After the entry into force of the new Staff Regulations, he
was appointed as an official in the same post he occupied as a
member of the temporary staff in Grade A*6, step 2, in accord-
ance with Annex XIII to the Staff Regulations.

In support of his action, the applicant pleads infringement of
Articles 31 and 62 of the Staff Regulations and Articles 5 and
2 of Annex XIII to the Staff Regulations.

The applicant also claims infringement of the principle of the
protection of
the
protection of acquired rights and the principle of equal treat-
ment between officials in the same grade or career bracket.

legitimate expectations,

the principle of

Action brought on 22 May 2006 — Pereira Sequeira v
Commission

(Case F-65/06)

(2006/C 165/74)

Language of the case: French

(1) OJ L 124, 27.4.2004, p. 1

Parties

Applicant: Rosa Maria Pereira Sequeira (Brussels, Belgium)
(represented by: T. Bontinck and J. Feld, lawyers)

Defendant: Commission of the European Communities