Case F-136/07: Action brought on 6 December 2007 — Nijs v Court of Auditors
Date: 2007-12-06
Institutions: Civil Service Tribunal
Subjects: Court of Justice of the European Union, European official, action by staff, disciplinary proceedings, promotion, staff assessment

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.