29.1.2011

EN

Official Journal of the European Union

C 30/67

(Case F-121/10)

()

2011/C 30/133

Language of the case: French

Parties

Applicant: Michael Heath (Southampton, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the applicant's pension slips for the month of January 2010 and the following months, in so far as these apply a pension increase of 0,6 % following the pensions adjustment procedure for 2010, and damages for loss suffered by the applicant.

Form of order sought

—Annul the salary slip for January 2010 and the following months, in so far as these apply a pension increase of 0,6 %, in order to apply an increase of 2,1 % calculated in accordance with a lawful GSA [General Salary Adjustment];

—to the extent necessary, annul the decisions rejecting the requests for reconsideration and the complaints lodged by the applicant, decisions of 11 May 2010 and 9 September 2010 respectively;

—order the defendant to pay the difference between the pension increase of 0,6 % granted unlawfully to the applicant as from January 2010 and that of 2,1 % to which he should have been entitled, namely a salary increase of 1,5 % per month as from January 2010. Those amounts should have interest applied as from their respective due dates until the date of actual payment, calculated on the basis of the rate set by the European Central Bank for main refinancing operations, applicable during the relevant period, plus 2 points;

—order the defendant to pay EUR 5 000, to compensate for the applicant's material damage resulting from the loss in his purchasing power;

—order the defendant to pay EUR 5 000, assessed ex aequo et bono to compensate for his non-material damage;

—order the ECB to pay the costs.