Case F-65/07: Action brought on 29 June 2007 — Aayhan and Others v European Parliament
Date: 2007-11-10
Institutions: Civil Service Tribunal
Subjects: European Parliament, action by staff, dismissal, paid leave, servant (EU), staff regulations (EU), temporary employment, work contract

C 269/70

EN

Official Journal of the European Union

10.11.2007

Re:

Application for legal aid.

Operative part of the order

The application for
Commission is dismissed.

legal aid in Case F-12/07 AJ O'Connor v

Action brought on 29 June 2007 — Aayhan and Others v
European Parliament

(Case F-65/07)

(2007/C 269/127)

Language of the case: French

Parties

Applicants: Laleh Aayhan (Strasbourg. France) and Others (repre-
sented by: R. Blindauer, lawyer)

In support of their action, the applicants plead, first, the unlaw-
fulness of Article 78 of the Conditions of Employment of Other
Servants, inasmuch as that provision excludes the category of
session auxiliaries from the scope of any State or Community
source of law.

The applicants rely, next, on the breach of the principle of non-
in the European Social
in particular,
discrimination as stated,
Charter and in Convention C 111 of the International Labour
Organisation (ILO) concerning discrimination in respect of
employment and occupation. They claim,
the
Parliament infringed the principle requiring any employer to
state reasons for a decision to terminate employment, a prin-
ciple recognised, in particular, in Article 4 of Convention C 158
of the ILO concerning termination of employment at the initia-
tive of the employer.

further,

that

Finally, the applicants submit that, as provided, in particular, by
Directive 1999/70 (1), the general form for the employment
relationship between employers and workers is a contract of an
indefinite duration.

(1) Council Directive 1999/70/EC of 28 June 1999 concerning the
framework agreement on fixed-term work concluded by ETUC,
UNICE and CEEP (OJ 1999 L 175, p. 43).

Defendant: European Parliament

Action brought on 16 July 2007 — Karatzoglou v EAR

Form of order sought

— annul the express decision of the European Parliament of
20 April 2007 rejecting the applicants' complaint of
19 December 2006;

— amend all the fixed-term contracts linking the applicants
and the Parliament by converting them into a single contract
for an indefinite period;

— rule that the Parliament is required to restore to all those
members of staff the benefit of a contract for an indefinite
period;

— rule that members of the auxiliary staff of the Parliament
called ‘session auxiliaries’ are entitled to an allowance repre-
senting the right to paid leave which they acquired through
working for all the work periods since their employment
began;

— order the Parliament to pay to each applicant the sum of
EUR 2 000 for their irrecoverable costs of bringing proceed-
ings;

— order the Parliament to pay the costs.

Pleas in law and main arguments

(Case F-71/07)

(2007/C 269/128)

Language of the case: English

Parties

Applicant: Georgios Karatzoglou (Preveza, Greece) (represented
by: S. A. Pappas, lawyer)

Defendant: European Agency for Reconstruction (EAR)

Form of order sought

— Order the EAR to pay the amount of EUR 348 965,96 in
order to compensate the material damage suffered by the
absence of compliance to judgement of the Fourth Chamber
of the Court of First Instance of 23 February 2006 in Case
T-471/04 (Georgios Karatzoglou v European Agency for
Reconstruction) (1);

The applicants are session auxiliary staff employed by the
Parliament at the time of its plenary sessions at Strasbourg, for
12 plenary sessions a year.

— Order the EAR to pay the amount of EUR 100 000 in order
to compensate the non-material damage suffered by the
absence of compliance to judgement T-471/04;