Case F-106/07: Action brought on 5 October 2007 — Giaprakis v Committee of the Regions
Date: 2007-12-08
Institutions: Civil Service Tribunal
Subjects: European Committee of the Regions, action by staff, capital transfer, pay, regulations for civil servants

8.12.2007

EN

Official Journal of the European Union

C 297/49

Action brought on 28 September 2007 — Kerstens v
Commission

Pleas in law and main arguments

(Case F-102/07)

(2007/C 297/97)

Language of the case: French

Parties

Applicant: Petrus J.F. Kerstens (Overijse, Belgium)
by: M.C. Mourato, lawyer)

(represented

Defendant: Commission of the European Communities

Form of order sought

— annul

the decision of

authority of
the
23 November 2005 awarding the applicant three directo-
rate-general priority points (PMO) (PPDG) under the 2004
promotion exercise as published in Administrative Notices
85/2005 of 23 November 2005;

appointing

— annul

the decision of

authority of
the
23 November 2005 awarding the applicant zero directorate-
general priority points (PMO)
the 2005
promotion exercise as published in Administrative Notices
85/2005 of 23 November 2005;

(PPDG) under

appointing

— annul

the decision of

authority of
the
17 November 2006 awarding the applicant zero directorate-
the 2006
general priority points (PMO)
promotion exercise as published in Administrative Notices
55/2006;

(PPDG) under

appointing

— annul

the decision of

authority of
the
17 November 2006 awarding the applicant zero priority
points for activities in the interest of the institution (PPII)
under
the 2006 promotion exercise as published in
Administrative Notices 55/2006;

appointing

— annul the express decision of the appointing authority of
15 June 2007 giving a negative response to the applicant's
complaints R/142/07 and R/183/07, dated 16 and
22 February 2007 respectively;

— take formal note that the applicant reserves, in that context,
the right to rely on the existence of a misuse of powers and
infringement of the rules for disciplinary procedures and to
the European
claim damages from the Commission of
Communities;

in Grade
In support of his action, the applicant, an official
A*12, relies on five pleas in law, the first of which alleges
breach of the principle that the quota of priority points should
be used up arising from Article 5 of the of the General provi-
sions for implementing Article 45 of
the Staff Regulations
(GIP 45) and a manifest error of assessment concerning the
grant of priority points awarded by the Director General (PPDG)
under the 2004 promotion exercise.

The second plea in law alleges breach of Articles 4 to 6 of
GIP 45 and a manifest error of appreciation concerning the
award of PPDG for 2005 and 2006.

The third plea in law alleges infringement of Article 9 of GIP 45
consisting of a manifest error of assessment concerning the
grant of priority points in recognition of work carried out in
the interests of the institution (PPII). In the alternative, the third
plea in law alleges a breach of the principles of non-retroactivity
and legal certainty.

The fourth plea in law alleges breach of the principle of equal
treatment concerning the grant of PPDG for 2004, 2005 and
2006 and PPII for 2006.

The fifth plea in law alleges a breach of the duty to state reasons
concerning the award of PPDG for 2004, 2005 and 2006.

Finally, the applicant reserves the right to rely on the existence
of a misuse of powers and breach of the rules for disciplinary
procedures and to claim damages from the Commission.

Action brought on 5 October 2007 — Giaprakis v
Committee of the Regions

(Case F-106/07)

(2007/C 297/98)

Language of the case: French

Parties

Applicant: Stavros Giaprakis (Brussels, Belgium) (represented by:
M.-A. Lucas, lawyer)

— order the Commission to pay the costs.

Defendant: Committee of the Regions of the European Union
(CoR)

C 297/50

EN

Official Journal of the European Union

8.12.2007

Form of order sought

Pleas in law and main arguments

In support of his action, the applicant relies on the very similar
pleas in law relied on in Case F-59/07 (1).

— annul the decision of the Administration Director of the
CoR of 21 November 2006 to recover the amounts paid to
the applicant in application of the correction coefficient for
that part of his remuneration transferred to France between
April 2004 and June 2005, in the amount of EUR 1 246,06;

(1) OJ C 199, 25.8.2007, p. 51.

— order

the CoR to repay to the applicant

the sum of
EUR 1 246,06 withheld from his pay, plus default interest at
the rate of 8 % per annum from 1 December 2006, the date
of the recovery, until payment in full;

Order of the Civil Service Tribunal of 8 October 2007 —
Daskalakis v Commission

— order the CoR to pay to him the sum of EUR 1 000 as
loss which he has
the non-material

compensation for
suffered as a result of the contested decision;

(Case F-96/07)

(2007/C 297/99)

Language of the case: English

— order the CoR to pay the costs.

The President of
removed from the register.

the Tribunal has ordered that the case be