CELEX: 62009FN0046
Language: en
Date: 2009-10-05 00:00:00
Title: Case F-46/09: Action brought on 5 October 2009 — V v European Parliament

16.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 11/40
            
         Action brought on 5 October 2009 — V v European Parliament
   (Case F-46/09)
   2010/C 11/76
   Language of the case: French
   
      Parties
   
   
      Applicant: V (Brussels, Belgium) (represented by: É. Boigelot, lawyer)
   
      Defendant: European Parliament
   
      Subject-matter and description of the proceedings
   
   First, annulment of the medical opinion of physical unfitness of 18 December 2008 and, second, annulment of the decision of 19 December 2008 to withdraw the offer of employment previously made to the applicant.
   
      Form of order sought
   
   
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               Annul the decision of 19 December 2008 by the Director of Administrative Management of Personnel withdrawing, on the ground of unfitness for employment, the offer of employment as a member of the contractual staff within the Secretariat General made to the applicant on 10 December 2008
            
         
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               Annul the medical opinion of physical unfitness of 18 December 2008 issued by the medical officer of the Parliament since that medical officer concluded that the applicant was physically unfit without even having carried out a clinical examination of the applicant and relying solely on the decision of unfitness for employment taken by the medical officer of the European Commission in 2006 which was then improperly confirmed by a medical committee, further to the application for the annulment of that Commission decision by the applicant — those decisions being challenged before the Civil Service Tribunal in the pending Case F-33/08;
            
         
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               As a consequence of those annulments, organise a real medical examination for employment with the Parliament which will not be discriminatory and re-open the post to be offered to the applicant at the DG Communication of the European Parliament;
            
         
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               Award compensation for the pecuniary and non-pecuniary damage suffered by the applicant, provisionally and fairly estimated at EUR 70 000 (with the addition of default interest to be calculated at the rates set by the European Central Bank for main refinancing transactions, plus two points, from 18 December 2008), subject to increase or reduction in the course of the proceedings;
            
         
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               Order the defendant to pay the costs.