Case F-29/08: Action brought on 3 March 2008 — Y v Commission
Date: 2008-03-03
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, civil servant, contract staff, indemnification, unfair dismissal

9.5.2008

EN

Official Journal of the European Union

C 116/35

Form of order sought

— Annul the decision of 11 April 2007 in so far as it awards
the applicant a single additional priority point in the 2003
Promotion procedure, making a total of two priority points
and a grand total of 21 points and implicitly refusing his
promotion in the 2003 Promotion procedure, and order the
defendant to pay compensation;

— order the defendant to pay damages of EUR 5 000;

— order the Commission of the European Communities to pay

the costs.

lodgement of

— order the Court of Auditors to pay compensation for the
financial loss suffered by the applicant, assessed to the date
of
the sum of
EUR 32 040,32 (that is the applicant's loss of income of
EUR 1 232,32 per month from the date of his being
compulsorily retired on 1 January 2006 to 1 March 2008);

the present application at

— order the Court of auditors to pay compensation for the
loss suffered by the applicant during more
non-material
than 14 years, the quantum of damages to be determined
later by agreement between the parties;

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

Action brought on 28 February 2008 — Pouzol v Court of
Auditors

Action brought on 3 March 2008 — Y v Commission

(Case F-28/08)

(2008/C 116/68)

Language of the case: French

(Case F-29/08)

(2008/C 116/69)

Language of the case: French

Parties

Parties

Applicant: Michel Pouzol (Combaillaux, France) (represented by:
D. Grisay, I. Andoulsi and D. Piccininno, lawyers)

Applicant: Y (Brussels, Belgium)
lawyer)

(represented by: N. Lhoëst,

Defendant: European Court of Auditors

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

annulment of

First,
the Court of Auditors' decision of
29 November 2007, as well as the proposals made to the appli-
cant on 10 May 2007 concerning the transfer of his pension
rights acquired in France and, consequently, recognition of the
applicant's entitlement to an additional 6 years, 10 months and
1 day of pensionable service, making an overall entitlement of
10 years, 3 months and 24 days of pensionable service, to be
reflected in an addition to his pension. Secondly, an order that
the defendant pay compensation for the financial and non-mate-
rial loss suffered by the applicant.

Form of order sought

— Annul the Court of Auditors' decision of 29 November
2007 and the proposals made to the applicant on 10 May
2007;

— recognise the applicant's entitlement to an additional 6 years,
10 months and 1 day of pensionable service, making an
overall entitlement of 10 years, 3 months and 24 days of
pensionable service;

— order the Court of Auditors to reflect that entitlement to
years of pensionable service by an addition to the applicant's
pension of EUR 1 232,32 per month;

The subject-matter and description of the proceedings

the decision of

Annulment of
the authority authorised to
conclude contracts of employment of 24 May 2007 to dismiss
the applicant as a contractual agent as a result of alleged insuffi-
cient conduct in the service and compensation for the material
and non-material damage suffered.

Form of order sought

— Annulment of the decision of the authority authorised to
conclude contracts of employment of 24 May 2007
dismissing the applicant as a contractual agent;

— in as far as necessary, annul the Commission's express deci-
sion of 16 November 2007 rejecting the complaint lodged
by the applicant pursuant to Article 90(2) of the Staff Regu-
lations on 31 August 2007;

— order the Commission to pay the remuneration which the
applicant would have continued to receive if the authority
authorised to conclude contracts of employment had not
terminated the contract of employment prematurely and
unlawfully, and all the benefits to which the applicant is
entitled;

C 116/36

EN

Official Journal of the European Union

9.5.2008

— order the Commission to pay the applicant compensation in
the value of EUR 500 000 for non-material harm suffered,
subject to an increase during the proceedings;

grant and an orphan pension (calculated on the basis of the
pension for a first orphan);

— order the Commission of the European Communities to pay

— order the Commission of the European Communities to pay

the costs.

the costs.

Action brought on 3 March 2008 — Klein v Commission

Action brought on 11 March 2008 — Simon v
Commission

(Case F-32/08)

(2008/C 116/70)

Language of the case: French

(Case F-34/08)

(2008/C 116/71)

Language of the case: French

Parties

Applicant: Marie-Claude Klein (Grasse, France) (represented by: S.
Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Annulment of the decision of the appointing authority of 4 May
2007 refusing to recognise the applicant as the beneficiary of a
death grant, death allowance and an orphan pension.

Form of order sought

— Annul the decision adopted by the Director of the Office for
the Administration and Payment of Individual Entitlements
of the European Commission of 4 May 2007;

— annul as necessary the decision of the appointing authority

rejecting the applicant's complaint;

— state to the appointing authority the consequences of the
annulment of
in particular,
the contested decisions and,
reconsider the applicant's right to death allowance, a death

Parties

Applicant: Anne Simon (Nouackhott, Mauritania)
by: S. Orlandi, A. Coolen, J.N. Louis and É. Marchal, lawyers)

(represented

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

the decision of 25 October 2007 of

Annulment of
the
European Personnel Selection Office inasmuch as it did not
include the applicant's name on the list of successful candidates
and in the CAST 27/Relex database.

Form of order sought

— Annul the decision of 25 October 2007 of the European
Personnel Selection Office inasmuch as it did not include the
applicant's name on the list of successful candidates and in
the CAST 27/Relex database;

— Order the Commission of the European Communities to

pay the costs.