Case F-12/07 AJ: Order of the Civil Service Tribunal (First Chamber) of 11 September 2007 — O'Connor v Commission (Legal aid)
Date: 2007-11-10
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, servant (EU), staff regulations (EU), temporary employment, unemployment insurance

10.11.2007

EN

Official Journal of the European Union

C 269/69

Judgment of the Civil Service Tribunal (First Chamber) of
18 September 2007 — Botos v Commission

Order of the Civil Service Tribunal of 10 September 2007
— Speiser v European Parliament

(Case F-10/07) (1)

(Staff cases — Officials — Social Security — Sickness insur-
ance — Repayment of medical expenses — Serious illness —
Management committee — Medical expertise)

(2007/C 269/124)

Language of the case: French

Parties

(Case F-146/06) (1)

(Public service — Temporary agents — Remuneration —
Expatriation allowance — Complaint submitted out of time
— Manifest inadmissibility)

(2007/C 269/125)

Language of the case: German

Parties

Applicant: Michael Alexander Speiser (Neu-Isenburg, Germany)
(represented by: F. Theumer, lawyer)

Defendant: European Parliament (represented by: A. Lukosiute
and N. Lorenz)

Applicant: Patricia Botos
L. Vogel, lawyer)

(Meise, Belgium)

(represented by:

Re:

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and K. Herrmann, Agents)

Annulment of the decision of the Secretariat of the European
Parliament of 11 September 2006 rejecting the applicant's
complaint regarding refusal to pay the expatriation allowance.

Re:

of

the

authority's

appointing

Annulment
of
30 October 2006 rejecting the complaint brought by the appli-
cant against six administrative decisions concerning inter alia the
recognition of her illness as a serious illness for the purposes of
fixing the level of reimbursement of medical expenses under
Article 72(1) of the Staff Regulations.

decision

Operative part of the judgment

The Tribunal:

1. Annuls the decisions of the Commission of the European Commu-
nities of 23 January 2006 and 30 October 2006, inasmuch as
they refuse Mrs Botos repayment of the costs of the tests carried
out by RED Laboratories and Ategis at the normal rate of the
joint sickness insurance scheme;

2. Dismisses the remainder of the action;

3. Orders Mrs Botos to bear two thirds of her own costs;

Operative part of the order

The Tribunal:

1. Dismisses the action as manifestly inadmissible;

2. Orders the applicant to pay one-third of his own costs;

3. Orders the defendant to pay its own costs and two-thirds of the

costs of the applicant.

(1) OJ C 56 of 10.3.2007, p. 42.

Order of the Civil Service Tribunal (First Chamber) of
11 September 2007 — O'Connor v Commission

(Case F-12/07 AJ)

(Legal aid)

(2007/C 269/126)

Language of the case: French

4. Orders the Commission of the European Communities to bear its

own costs and to pay one third of Mrs Botos's costs.

Parties

(1) OJ C 69, 24.3.2007, p. 31.

Applicant: Elizabeth O'Connor (Brussels, Belgium) (represented
by: J. -N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and M. Velardo, Agents)

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;