Case F-38/08: Action brought on 31 March 2008 — Liotti v Commission
Date: 2008-03-31
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, promotion, regulations for civil servants

C 158/26

EN

Official Journal of the European Union

21.6.2008

Action brought on 25 February 2008 — Tomas v
Parliament

(Case F-31/08)

(2008/C 158/46)

fitness for the performance of duties with the
of physical
European Commission,
file of
certain expert reports, and application for compensation for
non-pecuniary and pecuniary damage suffered.

from her personal

removal

Language of the case: Lithuanian

Form of order sought

Parties

Applicant: Stanislovas Tomas (Pavlodar, Kazakhstan) (represented
by: M. Michalauskas, lawyer)

Defendant: European Parliament

The subject-matter and description of the proceedings

the decision of

Annulment of
the Appointing Authority to
dismiss the applicant and compensation for the material and
non-material harm suffered.

Form of order sought

The applicant claims that the Tribunal should:

— annul the Appointing Authority's decision to dismiss the

applicant;

— order

the defendant

the sum of
EUR 125 000 by way of compensation for the material and
non-material harm suffered;

to pay the applicant

— order the European Parliament to pay the costs.

— Annul the decision of 15 May 2007 informing the applicant
satisfy the requirements of physical
the
performance

duties with

she did not
the

that
for
fitness
European Commission;

of

— So far as necessary, annul the decision of 12 July 2007

rejecting the applicant's complaint of 1 June 2007;

— Order removal

from the applicant's personal

the
expert reports issued on 15 September 2006, 21 September
2006 and 28 March 2007, and, consequently, rule that
reference should be made to the initial medical opinion of
26 June 2006 in which the applicant was declared fit for
work;

file of

— Order the defendant to pay compensation for the pecuniary
and non-pecuniary damage suffered by the applicant, provi-
sionally and fairly estimated at EUR 170 900 (with the addi-
tion of default interest to be calculated at the rates set by the
European Central Bank for main refinancing transactions,
plus two points, from 1 August 2006);

— Order extension on behalf of the applicant of the reserve list
which includes her name, as an interim measure, if the judg-
ment of the Civil Service Tribunal
is to be handed down
after February 2009 (when the validity of the reserve list
expires);

— Order the Commission of the European Communities to

pay the costs.

Action brought on 4 March 2008 — V v Commission

(Case F-33/08)

(2008/C 158/47)

Language of the case: French

Action brought on 31 March 2008 — Liotti v Commission

(Case F-38/08)

(2008/C 158/48)

Language of the case: French

Parties

Applicant: V (represented by: C. Ronzi, lawyer)

Defendant: Commission of the European Communities

Parties

The subject-matter and description of the proceedings

Applicant: Amerigo Liotti (Senningerberg, Luxembourg) (repre-
sented by: F. Frabetti, lawyer)

Annulment of
the Commission's decision of 15 May 2007
informing the applicant that she did not satisfy the requirements

Defendant: Commission of the European Communities

21.6.2008

EN

Official Journal of the European Union

C 158/27

Subject-matter and description of the proceedings

Action brought on 31 March 2008 — Marcuccio v
Commission

Annulment of the applicant's career development report for the
period from 1 January 2006 to 31 December 2006.

Form of order sought

— Annul the applicant's career development report (REC/CDR)

for the reference period 1.1.2006 to 31.12.2006;

Parties

(Case F-42/08)

(2008/C 158/50)

Language of the case: Italian

— Order the Commission of the European Communities to

pay the costs.

Applicant: Luigi Marcuccio (Tricase,
Cipressa, avvocato)

Italy)

(represented by: G.

Action brought on 31 March 2008 — Lebedef v
Commission

(Case F-39/08)

(2008/C 158/49)

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (repre-
sented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Annulment of several decisions relating to the deduction of
32 days of the applicant's leave entitlement for the year 2007.

Form of order sought

— Annul the decisions of 29 May 2007, 20 June 2007, 28 June
2007 and 6 July 2007, two decisions of 26 July 2007 and
the decision of 2 August 2007 relating to the deduction of
32 days of the applicant's leave entitlement for the year
2007;

— Order the Commission of the European Communities to

pay the costs

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Confirmation of the fact that, on 18 March 2002, the Delega-
tion of the European Commission in Angola despatched by fax
a note, dated 18 March 2002 and addressed to the applicant, to
a tele-fax machine which was neither under the applicant's
control nor at his disposal; confirmation of the unlawful nature
of that action; and an order directing the defendant to pay the
sum of EUR 100 000 by way of damages.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

— annul the decision — in whatever form — rejecting the

application dated 8 March 2007;

— annul, in so far as is necessary, the decision — in whatever
form — rejecting the complaint dated 10 September 2007;

— annul, in so far as is necessary, the note dated 9 January

2008;

— confirm that, on 18 March 2002, the Delegation of the
European Commission in Angola despatched by fax a note,
dated 18 March 2002 and addressed to the applicant, to a
tele-fax machine identified by the telephone/fax number
+39.0833.54xxxx, and confirm and declare that that action
was unlawful;

— order the defendant to pay the applicant, by way of compen-
sation for past and present damage suffered in relation to
the act which gave rise to the damage and caused by that
act, the sum of EUR 100 000 — or, in the alternative, what-
ever sum, greater or smaller, that the Tribunal considers to
be fair and just — together with compound interest, at the
rate of 10 % per annum, calculated from the date of the
application dated 8 March 2007 until the date of satisfac-
tion;

— order the defendant to reimburse the applicant in respect of
all costs, charges and fees incurred in the proceedings,
including those relating to the drawing up of an expert's
report, which may prove necessary for the purposes of veri-
fying that there is sufficient evidence to justify ordering the
defendant to pay the applicant the abovementioned sums, as
well as the existence of any other fact relevant
for the
purposes of deciding the present dispute.