Case F-17/07: Action brought on 23 February 2007 — Pouzol v Court of Auditors
Date: 2007-05-26
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, European official, action by staff, pension scheme, regulations for civil servants, transfer of pension rights

26.5.2007

EN

Official Journal of the European Union

C 117/35

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 23 February 2007 — Pouzol v Court of
Auditors

(Case F-17/07)

(2007/C 117/54)

Language of the case: French

In support of his action, the applicant is putting forward four
pleas alleging, respectively: (i) the infringement of a number of
provisions of the Staff Regulations of Officials and Annex VIII
thereto (in particular, of Article 11(2) and Article 26 of that
annex); (ii) breach of the duty to have regard for the welfare of
officials and the duty to provide assistance referred to in Article
24 of the Staff Regulations of Officials; (iii) infringement of the
principle of equal treatment and non-discrimination; (iv) infrin-
gement of the principle of the protection of legitimate expecta-
tions.

Parties

Applicant: Michel Pouzol (Chemin des Peyridisses, France) (repre-
sented by: D. Grisay, I. Andoulsi and D. Piccininno, lawyers)

Defendant: European Court of Auditors

Action brought on 19 March 2007 — M v EMEA

Form of order sought

— annul the decision of the Court of Auditors of 23 November
2006 and the decision of the Commission of the European
Communities of 18 May 2006;

— grant the applicant a supplementary premium in his years of
pensionable service of 6 years, 10 months and 1 day, that is,
an overall premium in the years of pensionable service of
10 years, 3 months and 24 days;

Parties

(Case F-23/07)

(2007/C 117/55)

Language of the case: French

— order the Court of Auditors to translate that premium in the
years of pensionable service into a pension supplement for
the applicant of EUR 1 232,32 per month;

— order the Court of Auditors to pay compensation for the
financial loss suffered by the applicant, assessed at the date
when this application was lodged to be EUR 17 252,48
(that is, a shortfall for the applicant of EUR 1 232,32 per
month,
from his retirement on 1 January 2006, until
1 March 2007);

— order the Court of Auditors to pay compensation for the
non-material harm suffered by the applicant over more than
13 years, the amount of damages to be established subse-
quently in an amicable settlement between the parties;

— order the Court of Auditors to pay the costs.

Applicant: M (Broxbourne, United Kingdom)
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

(represented by

Defendant: European Agency for the Evaluation of Medicinal
Products (EMEA)

Form of order sought

— Annul

the decision of 25 October 2006 by which the
the EMEA refused the applicant's

Executive Director of
request for referral to the Invalidity Committee;

— Order

the EMEA to pay to the applicant

the sum of
EUR 100 000 by way of damages for breach of administra-
tive duty;

Pleas in law and main arguments

— Order the defendant to pay the costs.

the transfer of

The applicant, a former Court of Auditors official now retired,
disputes in particular the calculation of
the
pension rights which he had acquired in France to the Com-
munity scheme, in so far as that calculation does not take into
account pension rights acquired from the Association des
régimes de retraites complémentaires (Association of Supple-
mentary Pension Schemes)
(ARRCO) and the Association
générale des institutions de retraite des cadres (General Associa-
tion of Pension Institutions for Managerial Staff) (AGIRC).

Pleas in law and main arguments

On 17 March 2005, the applicant, a member of temporary staff
with the EMEA, suffered an accident at work, as a result of
which it is alleged that he became incapable of doing his job.
On 14 February 2006, he was informed that his contract would
for
not be renewed beyond 15 October 2006. His request
referral to the Invalidity Committee was rejected.