Case F-89/08: Action brought on 3 November 2008 — P v Parliament
Date: 2008-11-03
Institutions: Civil Service Tribunal
Subjects: European Parliament, action by staff, dismissal, pay, professional career, staff assessment

C 44/74

EN

Official Journal of the European Union

21.2.2009

5. The European Data Protection Supervisor
relating to his application to intervene.

is to bear

the costs

Order of the President of the Civil Service Tribunal of
17 December 2008 — Wenig v Commission

6. The application for legal aid in Case F-48/08 AJ Ortega Serrano

v Commission is dismissed.

(1) OJ C 171, 5.7.2008, p. 52.

(Case F-80/08 R)

(Staff case — Interlocutory proceedings — Application for
suspension of the operation of a decision to suspend the party
concerned from his duties — Urgency not established)

Order of the Civil Service Tribunal (Second Chamber) of
18 December 2008 — Nijs v European Court of Auditors

(Case F-64/08) (1)

(Staff case — Officials — Article 35(1(e) of the Rules of
Procedure — Summary statement in application of pleas in
law — Staff reporting procedure — Designation of reporting
officer and countersigning officer — No act adversely
affecting the applicant — Manifestly inadmissible)

(2009/C 44/130)

Language of the case: French

Parties

(2009/C 44/131)

Language of the case: French

Parties

Applicant: Fritz Harald Wenig (Woluwé-Saint-Pierre, Belgium)
(represented by: G.-A. Dal. D. Voillemot, D. Bosquet, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and D. Martin, Agents)

Re:

the decision of
Application for suspension of operation of
18 September 2008 by which the Commission suspended the
applicant for an indefinite period and ordered EUR 1 000 a
month to be withheld from his pay for a maximum period of
six months.

Operative part of the order

1. The application for interim relief is dismissed.

Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: F.
Rollinger and A. Hertzog, lawyers)

2. Costs are reserved.

Defendant: European Court of Auditors (represented by: T.
Kennedy, J.-M Stenier and G. Corstens, agents)

Re:

Action brought on 3 November 2008 — P v Parliament

Annulment of the decision of the European Court of Auditors
designating the applicant's reporting officer and countersigning
officer and application for compensation for damage suffered as
a result of that decision

(Case F-89/08)

(2009/C 44/132)

Language of the case: French

Operative part of the order

Parties

1. The action is dismissed as manifestly inadmissible.

Applicant: P (Brussels, Belgium)
lawyer)

(represented by E. Boigelot,

2. Mr Nijs is ordered to pay the costs.

Defendant: European Parliament

(1) OJ C 247 of 27.9.2008, p. 25.

Subject-matter and description of the proceedings

Annulment of the Parliament's decision to dismiss the applicant
with three months' notice and also a claim for damages.

21.2.2009

EN

Official Journal of the European Union

C 44/75

Form of order sought

— Annulment of the Parliament's decision of 15 April 2008 to
dismiss the applicant with three months' notice and immedi-
ately to deny him access to the Parliament, ordering him to
return his office keys as soon as possible;

— in consequence, reinstatement of the applicant forthwith in
his duties, in the post and at the grade that were his at the
time of the decision of 15 April 2008, with retroactive
effect, and payment of his salary from 15 July 2008 until
the date of his actual reinstatement, with default interest at
the rate of 7 % per annum;

— an order that the defendant should pay, by way of compen-
sation for non-material damage and prejudice to his career,
the sum of EUR 10 000, subject to any increase and/or
decrease during the proceedings;

— an order that the European Parliament should pay the costs.

— Inasmuch as it is necessary, annul also the decision against

which the applicants brought their complaints;

— Order the defendant to pay the costs.

Action brought on 12 November 2008 — N v Parliament

(Case F-93/08)

(2009/C 44/134)

Language of the case: French

Parties

Applicant: N (Brussels, Belgium)
lawyer)

(represented by: E. Boigelot,

Defendant: European Parliament

Action brought on 4 November 2008 — Bertolete and
Others v Commission

Subject-matter and description of the proceedings

(Case F-92/08)

(2009/C 44/133)

Language of the case: French

Parties

Applicant: Marli Bertolete (Woluwé-Saint-Lambert, Belgium) and
Others (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision establishing the new calculation of
the applicants' salaries in enforcement of the judgments deliv-
ered by the Civil Service Tribunal on 5 July 2007 in Cases
F-24/06, F-25/06 and F-26/06.

Form of order sought

— Annul the decision adopted by the authority responsible for
concluding contracts of employment on 18 July 2008
rejecting the complaints presented by the applicants challen-
ging a decision adopted on 23 January 2008 establishing a
new calculation of the applicants' salaries in enforcement of
three judgments given by the European Union Civil Service
Tribunal on their application on 5 July 2007 and challen-
ging also the corrective multiples which were later applied
to them, as well as the pay slips sent to the applicants
pursuant to the decision of 23 January 2008 for the months
of February, March and April 2008;

Annulment of the applicant's periodical report for the period
from 1 January 2007 to 30 April 2007.

Form of order sought

— Annul

the decision of 4 March 2008, which adversely
affects the applicant inasmuch as it definitively confirms and
approves his periodical report for the period from 1 January
2007 to 30 April 2007;

— Annul the report at issue;

— Annul

the decision of

the President of Parliament of
25 September 2008 rejecting the applicant's complaint
seeking annulment of the contested decision;

— Order the European Parliament to pay the costs.

Action brought on 17 November 2008 — Cerafogli v
European Central Bank

(Case F-96/08)

(2009/C 44/135)

Language of the case: French

Parties

Applicant: Maria Concetta Cerafogli (Frankfurt,Germany) (repre-
sented by: L. Levi, and M. Vandenbussche, lawyers)

Defendant: European Central Bank