Case F-49/08: Action brought on 19 May 2008 — Giannini v Commission
Date: 2008-05-19
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, allowances and expenses, dismissal, indemnification, personnel administration

19.7.2008

EN

Official Journal of the European Union

C 183/33

Form of order sought

Action brought on 16 April 2008 — Spee v Europol

— Annul

the decisions of

the
European Parliament not to grant the applicants the daily
subsistence allowance laid down in Article 10 of Annex VII
to the Staff Regulations;

the appointing authority of

(Case F-43/08)

(2008/C 183/66)

Language of the case: Dutch

— Order the European Parliament to pay the costs.

Pleas in law and main arguments

Parties

In support of their action, the applicants invoke the infringe-
ment of Article 71 of the Staff Regulations and of Article 10 of
Annex VII to the Staff Regulations.

Applicant: David Spee (Rijswijk, Netherlands) (represented by: P.
de Casparis, lawyer)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Application for annulment of Europol's decision to withdraw
the offer of employment for which the applicant had submitted
an application and to subsequently republish it, and an applica-
tion for damages

Form of order sought

The applicant claims that the Tribunal should:

— Annul

the decision of 7 January 2008 issued after a
complaint and the underlying decisions of 20 June 2007
and 6 July 2007 to declare vacant once again the post of
First Officer in the IMT1 Infrastructure Unit and not to
appoint the applicant;

— Order Europol to search for an equitable solution to the
situation in which the applicant finds himself following the
rash and defective decision;

— Order Europol

to pay damages to the applicant

in the

amount of EUR 5 000 net;

— Order Europol to pay the costs.

Action brought on 18 March 2008 — Carvalhal Garcia v
Council

(Case F-40/08)

(2008/C 183/65)

Language of the case: Portuguese

Parties

Applicant: Daniela Carvalhal Garcia (Sines, Portugal) (represented
by: F. Antas da Cunha, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of
education allowance for the applicant's daughter

the Council's decision refusing to grant

the

Action brought on 19 May 2008 — Giannini v
Commission

Form of order sought

(Case F-49/08)

(2008/C 183/67)

The applicant claims that the Tribunal should:

Language of the case: French

— Annul the final decision of the Council of the European
Union's head of personnel of 16 November 2007 and rule
that it must be replaced by a separate decision granting the
education allowance for the applicant's daughter with regard
to the 2006/2007 school year

Parties

Applicant: Massimo Giannini (Brussels, Belgium) (represented by:
L. Levi and C. Ronzi, lawyers)

Defendant: Commission of the European Communities

C 183/34

EN

Official Journal of the European Union

19.7.2008

Subject-matter and description of the proceedings

— Order the Commission of the European Communities to

pay the costs.

Application for, first, annulment of the decision dismissing the
applicant and an order that the defendant pay all the pecuniary
rights linked to the continuance of the contract, as well as
annulment of a number of decisions refusing the applicant enti-
to pecuniary rights. Secondly, an application for
tlement
compensation for the material and non-material harm suffered
by the applicant.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the decision dismissing the applicant, communicated

on 10 July 2007;

— So far as necessary, annul

the decision rejecting his

complaint, notified on 5 February 2008;

— Order the Commission to pay all the pecuniary rights linked
to the continuance of the applicant's contract (inter alia, the
basic salary, after deduction of the unemployment allowance
paid, the allowances and reimbursements calculated over the
duration of
the contract, and the travel
expenses from the place of employment to the place of
origin) plus default interest from the time when each of
those rights became due until full payment, calculated at a
rate three points above that set by the European Central
Bank for
its main refinancing operations, as applicable
during the period in question;

three years of

— In any event, annul the decisions of 27 July 2007 and of
20 September 2007 to withhold EUR 5 218,22 from the
applicant's remuneration for August 2007, corresponding to
part of the travel expenses from the applicant's place of
employment to his place of origin and, consequently, the
reimbursement of that sum of EUR 5 218,22 plus default
interest from 15 August 2007 until full payment, calculated
at a rate three points above that set by the European Central
Bank for
its main refinancing operations, as applicable
during the period in question;

— In any event, annul the decision of 28 August 2007 to limit
the installation allowance to one third of the sum received
in November 2006 and to recover the other two thirds, that
is EUR 4 278,50, from the remuneration of February 2006
and, consequently, order the reimbursement of that sum of
EUR 4 278,50 plus default interest from 15 February 2008,
until full payment, calculated at a rate three points above
that set by the European Central Bank for its main refinan-
cing operations, as applicable during the period in question;

— Allocate damages and interest to compensate for the mate-
rial and non-material harm suffered, provisionally valued at
EUR 200 000;

Action brought on 21 May 2008 — Stols v Council

(Case F-51/08)

(2008/C 183/68)

Language of the case: French

Parties

Applicant: Wilhelmus Louis Maria Stols (Halsteren, Netherlands)
(represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision of the appointing authority not to
include the applicant's name on the list of officials promoted to
grade AST 11 for the 2007 promotion exercise.

Form of order sought

— Annul

the decision of

to
include the applicant in the list of officials promoted to
grade AST 11 for
the 2007 promotion exercise, as
evidenced by Staff Note No 136/07 of 16 July 2007;

the appointing authority not

— Annul,

in so far as it

the decision of
appointing authority to reject the applicant's complaint;

is necessary,

the

— Order the Council of the European Union to pay the costs.