CELEX: 62010FN0017
Language: en
Date: 2010-03-15 00:00:00
Title: Case F-17/10: Action brought on 15 March 2010 — Daake v OHIM

22.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 134/56
            
         Action brought on 15 March 2010 — Daake v OHIM
   (Case F-17/10)
   2010/C 134/93
   Language of the case: German
   
      Parties
   
   
      Applicant: Simone Daake (Alicante, Spain) (represented by: H. Tettenborn, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Subject-matter and description of the proceedings
   
   Annulment of OHIM’s decision of 4 December 2009 rejecting the applicant’s claims for compensation
   
      Form of order sought
   
   
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               Order OHIM to compensate the applicant for material damage amounting to the difference between:
               
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                           on the one hand, her actual salary according to her formal classification as a member of the contract staff under Article 3a of the Conditions of Employment of other Servants (‘CEOS’) from 1 November 2005 until 31 October 2008 and the unemployment benefits paid to her from 1 November 2008 until today, and
                        
                     
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                           on the other hand, the salary to which she was entitled as a member of the temporary staff under Article 2(a) of the CEOS from 1 November 2005 until 31 October 2008 and the unemployment benefits to which she was entitled from 1 November 2008 until today, calculated according to her salary for October 2008 under Article 2(a) of the CEOS –
                        
                     
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                           together with the resulting losses to retirement pension and other indemnities, salary and benefits taking into account appropriate promotion based on her performance until 1 April 2008,
                        
                     
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                           and — to the extent required in order for the compensation applied for to be granted — annul the decisions of OHIM of 6 May 2009 and 4 December 2009;
                        
                     
         
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               order OHIM to compensate the applicant for the non-material damage caused by the discrimination vis-à-vis other OHIM employees in an amount to be determined by the Tribunal;
            
         
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               order OHIM to pay the costs.