Case F-137/07: Action brought on 4 December 2007 — Sergio and Others v Commission
Date: 2007-12-04
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, personnel administration, regulations for civil servants, workers' representation

29.3.2008

EN

Official Journal of the European Union

C 79/37

Action brought on 29 October 2007 — Hau v European
Parliament

(Case F-125/07)

(2008/C 79/70)

the other, of the decisions to suspend him from his post, to
open an administrative enquiry in respect of him, and not to
promote him to Grade AD 11 in 2007 — Claim for compensa-
tion for non-material and material harm

Language of the case: French

Form of order sought

Parties

Applicant: Armin Hau (Luxembourg, Luxembourg) (represented
by: E Boigelot, lawyer)

Defendant: European Parliament

Form of order sought

— annul

the decision of

the Appointing Authority not

to
include the applicant's name on the list of
those to be
promoted to grade B*6 and B*7 in the ‘2006 promotion
exercise’;

— order the European Parliament to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant pleads infringement
of the second paragraph of Article 25 and Article 45 of the
Staff Regulations, the decision of the Office of 6 July 2005 and
its implementing measures, and Article 5 of the Internal Guide-
lines for Promotions Advisory Committees.

Furthermore,
the applicant claims the existence of manifest
errors of assessment, misuse and arrogation of powers, and
infringement of a number of general principles of law.

Action brought on 6 December 2007 — Nijs v Court of
Auditors

(Case F-136/07)

(2008/C 79/71)

Language of the case: French

Parties

Applicant: Bart Nijs (Aalst, Belgium) (represented by: F. Rollinger,
lawyer)

— Annul the express decision of the Appointing Authority of
5 September 2007 to demote the applicant to Grade AD 9,
step 5,
following the disciplinary procedure opened on
27 September 2006;

— Annul the associated and subsequent decisions, in particular
that of 26 September 2006 to suspend the applicant from
his post, that of 27 September 2007 to open an administra-
tive enquiry in respect of him, and that not to promote him
to Grade AD 11 in 2007;

— Annul the decision of the small-group meeting of the Court
of Auditors of 8 March 2007 to renew the appointment of
Mr Michel Hervé on 1 July 2007 for a period of six years;

— Order the Court of Auditors to pay the applicant the sum of
EUR 10 000 in respect of non-material harm suffered
during and after the disciplinary procedure and in respect of
compensation for the material harm consisting in the differ-
ence between the salary which he received since the date of
the last promotion decisions and that which he would have
received had he been promoted at that time;

— Order the Court of Auditors to pay the costs.

Action brought on 4 December 2007 — Sergio and Others
v Commission

(Case F-137/07)

(2008/C 79/72)

Language of the case: French

Parties

Applicants: Giovanni Sergio and Others
(represented by: M. Lucas, lawyer)

(Brussels, Belgium)

Defendant: Commission of the European Communities

Defendant: European Court of Auditors

The subject-matter and description of the proceedings

The subject-matter and description of the proceedings

Annulment, on the one hand, of the decision of the Appointing
Authority of 5 September 2007 to demote the applicant to
Grade AD9, step 5, following a disciplinary procedure and, on

Annulment of the ‘Protocol of Agreement between the trade
union or professional organisations and the Directorate General
for Personnel and Administration (DG ADMIN)’ and the deci-
sions of the Appointing Authority confirmed by the Protocol of
19 December 2006 and the decision of 14 November 2006 —
Claim for damages in the form of a symbolic EUR 1.

C 79/38

EN

Official Journal of the European Union

29.3.2008

Form of order sought

and

professional organisations

— Annul the ‘Protocol of Agreement between the trade union
the DG ADMIN
or
concerning the allocation of resources for the representation
of the staff for 2006’ sent to the secretary of l'Alliance and
to the presidents of the Union Syndicale Fédérale (USF) and
of the Fédération de la fonction publique européenne (FFPE)
by note of 19 December 2006 from the Director General of
Personnel and Administration;

— Annul the individual release from service decisions adopted
in favour of the representatives of l'Alliance and/or of the
FFPE on the basis of that Protocol or of the calculation of
26 May 2006 of the representation of the trade union or
professional organisations on the basis of the results of the
elections of May 2006 of the Brussels local section and
confirmed by the Protocol of 19 December 2006;

— Annul the decision of 14 November 2006 of the Director
General of Personnel and Administration putting an end to
the detachment on half-time of Mr Marquez-Garcia and rein-
stating him full-time in his department;

— Order the Commission to pay to each of the applicants a
symbolic EUR 1 as compensation for the non-material and
political harm suffered as representatives of
the Union
Syndicale and the non-material harm suffered and harm
caused to their careers as officials or agents;

— Order the defendant to pay the costs.

Action brought on 19 December 2007 — Kaminska v
Committee of the Regions

(Case F-142/07)

(2008/C 79/73)

Language of the case: French

Parties

payment of the daily allowance and rejecting her note of 6 June
2007 and an order for the defendant to pay default interest on
the amounts due by virtue of daily allowance until full payment
of the amounts due.

Form of order sought

— Annul the decision of 30 April 2007 refusing the applicant

payment of the daily allowance;

— annul, in so far as necessary, the decision of 6 September

2007 rejecting the applicant's complaint;

— order the Committee of the Regions to pay default interest
on the daily amounts due by virtue of daily allowance from
16 April 2006 until full payment of the amounts due;

— order the defendant to pay the costs.

Action brought on 27 December 2007 — Bosman v
Council

(Case F-145/07)

(2008/C 79/74)

Language of the case: French

Parties

Applicant: Pierre Bosman (Dendermondsesteenweg, Belgium)
(represented by: T. Bontinck and P.S. Gennari Curlo, lawyers)

Defendant: Council of the European Union

The subject-matter and description of the proceedings

the individual decision of 28 February 2007
Annulment of
refusing the household allowance for the purposes of calculating
retirement pension rights.

Applicant: Magdalena Kaminska (Brussels, Belgium) (represented
by: L. Levi and S. Engelen, lawyers)

Form of order sought

Defendant: Committee of the Regions

— Annul

the statement of 27 February 2007 determining

retirement pension rights;

The subject-matter and description of the proceedings

— order the defendant to pay the household allowance applied

Annulment of the decisions of the Committee of the Regions of
30 April 2007 and of 6 September 2007 refusing the applicant

for as from 1 March 2007;

— order the defendant to pay the costs.