Case F-98/08: Action brought on 11 December 2008 — Nijs v Court of Auditors
Date: 2008-12-11
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, action by staff, damages, disclosure of information, exchange of information, promotion, staff assessment

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.