6.6.2009

EN

Official Journal of the European Union

C 129/21

(Case F-23/09)

2009/C 129/35

Language of the case: French

Parties

Applicant: Maria Concetta Cerafogli (Fankfurt, Germany) (represented by: L. Lévi, M. Vandenbussche, lawyers)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Application for annulment of the decision of the Board of Directors of the Bank appointing, on a temporary basis, an adviser to the Oversight Division and of vacancy notice ECB/074/08, as well as all decisions adopted on the basis of that vacancy notice. In addition, an application to order the defendant to pay compensation for the material and non-material damage suffered by the applicant.

Form of order sought

—annul the decision of Board of Directors of 17 July 2008 appointing Mr L. on a temporary basis to the position of adviser in the Oversight Division;

—annul vacancy notice ECB/074/08;

—consequently, (i) annul all decisions taken on the basis of the vacancy notice, including the decision to appoint Mr L to the position of adviser in the Oversight Division taken following the recruitment procedure, and (ii) order the defendant to pay the sum of EUR 10 000, fixed ex aequo et bono, as compensation for the non-material damage suffered by the applicant as well as EUR 2 500 to compensate for the material damage connected to the intervention of the applicant’s advisers at the pre-litigation stage;

—on the assumption that giving effect to a judgment annulling the decision or decisions would be very difficult, order the defendant to pay the sum of EUR 45 600;

—order the European Central Bank to pay the costs.