Case F-96/08: Action brought on 17 November 2008 — Cerafogli v European Central Bank
Date: 2008-11-17
Institutions: Civil Service Tribunal
Subjects: European Central Bank, action by staff, damage, damages, promotion, remuneration of work

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

C 44/76

EN

Official Journal of the European Union

21.2.2009

Subject-matter and description of the proceedings

— so far as necessary, annul

the decision rejecting the

complaint;

the decision of

Annulment of
the European Central Bank
refusing an ad personam promotion to the applicant, and an
order that the defendant pay compensation for the non-material
damage suffered by the applicant.

Form of order sought

— annul the decision refusing an ad personam promotion to the

applicant, communicated by letter of 11 March 2008;

— consequently, (i) annul all decisions resulting from the deci-
sion not
to promote the applicant communicated on
11 March 2008, including in particular the applicant's pay
slips from March 2008 and (ii) order the defendant to pay
EUR 10 000, determined ex aequo et bono, as compensation
for the non-material damage suffered by the applicant;

— if the enforcement of an order of annulment were to entail
serious difficulties, payment of EUR 78 000, or at least, one
half of that sum to cover the damage suffered by the appli-
cant;

— order the European Central Bank to pay the costs.

Action brought on 27 November 2008 — Füller-Tomlinson
v Parliament

(Case F-97/08)

(2009/C 44/136)

Language of the case: French

Parties

Applicant: Paulette Füller-Tomlinson (Brussels, Belgium) (repre-
sented by: L. Levi, lawyer)

Defendant: European Parliament

— alternatively, order

to pay the sum of
EUR 12 000 as compensation for the non-material damage
suffered by the applicant;

the defendant

— order the European Parliament to pay the costs.

Action brought on 11 December 2008 — Nijs v Court of
Auditors

(Case F-98/08)

(2009/C 44/137)

Language of the case: French

Parties

Applicant: Bart Nijs (Aalst, Belgium) (represented by: F. Rollinger,
lawyer)

Defendant: Court of Auditors of the European Communities

Subject-matter and description of the proceedings

First, annulment of the decision not to promote the applicant in
2008 and, second, an order that the defendant make good the
material and non-material loss suffered by the applicant.

Form of order sought

— Annul the decision not to promote the applicant in 2008,
published in Staff Note No 32/2008 of 5 May 2008, and
the acts preparatory to that decision, in particular the deci-
sions of 19 and 29 February 2008 which were the subject
of the Staff Notes Nos 10-2008 and 17-2008 adopting the
lists of those eligible for promotion at 1 January 2008, inas-
much as they concern the applicant;

Subject-matter and description of the proceedings

— Declare expressly that the subsequent decisions and prepara-

tory acts mentioned above are void;

Annulment of the decision setting the proportion of partial
invalidity attributable to occupational disease at
permanent
20 %, and alternatively an order
the defendant pay
compensation for the non-material damage suffered by the
applicant.

that

Form of order sought

— annul the decision of 9 April 2008 of the Head of the
Pensions and Social Insurance Unit, setting, in Article 3, the
proportion of partial permanent invalidity attributable to
occupational disease at 20 %;

— Order

to make good the material

loss
the defendant
amounting to the loss of
income which the applicant
suffered in relation to the higher salary which he would
have received had the period mentioned above not inter-
vened to hindered his career, along with the non-material
loss additional to the similar compensation claimed in other
disputes, of EUR 10 000;

— Order the Court of Auditors of the European Communities

to pay the costs.