Case F-115/07: Action brought on 22 October 2007 — Balieu-Steinmetz and Noworyta v Parliament
Date: 2007-12-22
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, equal treatment, indemnification, overtime, working time

C 315/48

EN

Official Journal of the European Union

22.12.2007

Action brought on 22 October 2007 — Balieu-Steinmetz
and Noworyta v Parliament

(Case F-115/07)

(2007/C 315/92)

Language of the case: French

Parties

Applicants: Marie-Thérèse Balieu-Steinmetz (Sanem, Luxembourg)
and Lidia Noworyta (Brussels, Belguim)
(represented by: S.
Orlandi, A. Coolen, J.-N.Louis and E. Marchal, lawyers)

Defendant: European Parliament

The AIPN also made a manifest error of law by stating that offi-
cials recruited on or after 1 May 2004 cannot be entitled to
such an allowance whereas that possibility is expressly referred
to in Article 1 of those internal rules.

In addition, the applicants maintain that the decision to refuse
them any compensation or
those special
working conditions infringes Articles 56a and 56b of the Staff
Regulations and the principle of equal treatment.

remuneration for

Finally, in the applicants' submission, the Parliament's position is
the Directorate-
not coherent since the Director-General of
General of the Presidency has stated that no-one in standard
telephone works overtime on a regular basis whereas the AIPN
concluded, for its part, that a study was in progress to examine
the possibilities of harmonising the working conditions in the
service in question because, precisely, of
the atypical hours
worked, outside the general/usual working hours.

Form of order sought

Action brought on 25 October 2007 — Kolountzios v
Commission

The applicants claim that the Tribunal should:

— declare illegal the first article of the internal rules adopted
by the Appointing Authority ('the AIPN') concerning the
fixed allowance for overtime referred to in Article 3 of
Annex VI to the Staff Regulations, which entered into force
on 1 May 2004, in so far as it establishes a requirement of
regularity of the overtime;

— annul the AIPN's express decision of 18 December 2006
rejecting Ms Noworyta's request of 6 July 2006 and the
implied decision of 30 November 2006 rejecting Ms Balieu-
Steinmetz's request of 13 July 2006;

Parties

(Case F-117/07)

(2007/C 315/93)

Language of the case: French

— order the defendant to pay the costs.

Applicant: Kolountzios (Brussels, Belgium)
Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

(represented by: S.

Pleas in law and main arguments

Defendant: Commission of the European Communities

In support of their action, the applicants plead, first, infringe-
ment of fundamental rights, general principles and the European
Social Charter, according to which every worker must be subject
to fair conditions of employment, particularly in terms of
working time and payment or compensation for overtime
worked or because of
the
management of their working hours.

the particular circumstances of

In particular, they claim that unlike Articles 56a and 56b of the
Staff Regulations, Article 3 of Annex VI to the Staff Regulations
does not make the possibility of paying a fixed allowance for
overtime worked in special conditions subject to a requirement
that the overtime be worked on a regular basis. In the appli-
cants' submission, the AIPN fell into error of law by adding that
requirement in the internal rules relating to compensation for
overtime.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Commission's decision of 11 May 2007 rejecting
the applicant's request for the calculation of his entitlement
to pension rights acquired, before his entry into service, in
drachmas with the Greek pension bodies TMSEDE and ELPP
by applying the updated average rate of exchange fixed by
the Commission to take account of the drachma's fluctua-
tions during the period of contribution;

— order the defendant to pay the costs.