Case F-3/08: Action brought on 3 January 2008 — Marcuccio v Commission
Date: 2008-01-03
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, professional career, promotion, regulations for civil servants

C 64/68

EN

Official Journal of the European Union

8.3.2008

— order the defendant to pay to the applicant, as indemnifica-
tion for that part of the damage arising hereafter from the
failure to carry out the investigation, the sum of EUR 300,
or such greater or lesser sum as the Court may consider just
and fair, for every day passing between tomorrow and the
day on which, when the investigation has been carried out
and all measures taken preparatory or consequential thereto,
communication is made to the applicant,
together with
suitable publicity, in the premises of the delegation and also
in the Development and External Relations Directorates-
General, of the conclusions of the investigation;

— assess the defendant's conduct before, during and after the
event of 29 October 2001 in any way connected to that
event, save only the failure to carry out an investigation;

— establish and declare that

the conduct

in question was

unlawful;

— order the defendant to pay to the applicant, by way of
indemnification of the damage caused by the conduct in
question, the sum of EUR 5 000 000 or such greater or
lesser sum as the Court may consider just and fair;

— order the EC to make reimbursement to the applicant of all
the costs, disbursements and fees involved in the proceed-
ings,
the
including those relating to the preparation of
party's expert's report which may be drawn up in order to
ascertain whether the conditions are met for the defendant
to be ordered to pay the applicant each of the abovemen-
tioned sums and, more generally, to ascertain any fact what-
soever of relevance for the purpose of the judgment to be
given in this case.

The subject-matter and description of the proceedings

Firstly, annulment of the decision of the Appeals Committee not
to promote the applicant to Grade A*11 in the 2005 promotion
year and, secondly, a claim for damages.

Form of order sought

— annul the applicant's 2005/06 evaluation report, including
Decision No 1/2007 of the Appeals Committee to confirm
that report, received by the applicant on 2 March 2007;

— annul the connected and subsequent decisions, in particular
the decision not to promote the applicant to Grade AD 11
in 2007;

— annul the decision of the restrictive meeting of the Court of
Auditors of 8 March 2007 to renew the term of office of Mr
Michel Hervé from 1 July 2007 for a period of six years;

— order the Court of Auditors to make good the non-material
damage suffered of EUR 10 000 and to make good the
material damage, consisting of the difference between the
salary received by the applicant since the effective date of
the last promotion decisions, announced on 3 April 2007,
and that to which he would have been entitled had he been
promoted on the effective date of those decisions;

— order the European Court of Auditors to pay the costs.

Action brought on 3 January 2008 — Marcuccio v
Commission

Action brought on 2 January 2008 — Nijs v Court of
Auditors

(Case F-1/08)

(2008/C 64/111)

Language of the case: French

Parties

(Case F-3/08)

(2008/C 64/112)

Language of the case: Italian

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

Parties

Applicant: Bart Nijs (Béreldange, Grand Duchy of Luxembourg)
(represented by: F. Rollinger, lawyer)

Defendant: European Court of Auditors

The subject-matter and description of the proceedings

Action brought against the defendant's decision refusing the
applicant's request to receive an Italian translation of a note
addressed to him and drafted in English.

8.3.2008

EN

Official Journal of the European Union

C 64/69

Form of order sought

— Annulment of

the note dated 15 February 2007, prot.

RELEX.K7/PL/dgD(2007)502497;

— annulment of the defendant's decision, however formulated,
rejecting the request of 27 January 2007 submitted by the
applicant to the appointing authority;

— annulment, so far as may be necessary, of

the decision,
however formulated, rejecting the complaint of 26 May
appointing
2007 submitted by the
authority;

applicant

to the

— an order that the defendant should indemnify the applicant
for the damage caused by the measures whose annulment is
sought in the sum of EUR 1 000 or such greater or lesser
sum as the Court of First Instance may think fit;

which it declared the reserve list for EPSO Competition
AD/26/05 void;

— In the alternative, annul the defendant's decision of 10 May
2007, and its decision of 2 October 2007 rejecting the
complaint and order the defendant to place the applicant on
EPSO reserve list AD/26/05;

— In the further alternative, annul the defendant's decision of
10 May 2007, and its decision of 2 October 2007 rejecting
the complaint and order the defendant to fix a new date,
with adequate preparation time, for the applicant to take the
oral test and to asses the possibility of his being placed on
the reserve list on the basis of appropriate criteria;

— Order the defendant to state the grounds for its decision of
10 May 2007 and to permit the minutes of the oral test
held on 6 March 2007 to be examined;

— an order that the defendant should pay the costs.

— Order the defendant to pay the costs;

— As a precautionary measure, deliver judgment in default.

Action brought on 10 January 2008 — Brune v
Commission

(Case F-5/08)

(2008/C 64/113)

Language of the case: German

Action brought on 14 January 2008 — Schönberger v
Parliament

(Case F-7/08)

(2008/C 64/114)

Language of the case: German

Parties

Applicant: Markus Brune (Brussels, Belgium) (represented by: H.
Mannes, lawyer)

Defendant: Commission of the European Communities

Parties

The subject-matter and description of the proceedings

Applicant: Peter Schönberger (Luxembourg, Luxembourg) (repre-
sented by: O. Mader, lawyer)

Annulment of the defendant's decision not to place the appli-
cant on the reserve list for EPSO Competition AD/26/05 by
reason of his obtaining an inadequate number of points.

Defendant: European Parliament

Form of order sought

— Annul the defendant's decision of 10 May 2007, and its
in
decision of 2 October 2007 rejecting the complaint,

Annulment of the Parliament's decision not to award the appli-
cant a third service point in the context of his periodical report
for 2003.

The subject-matter and description of the proceedings