16.7.2011

EN

Official Journal of the European Union

C 211/33

(Case F-57/11)

2011/C 211/68

Language of the case: Italian

Parties

Applicant: ZZ (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre as technical assistant offered to him by the Commission and a claim for compensation for material and non-material damage.

Form of order sought

—Annul the Commission’s decision contained in the letter of 5 August 2010 not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre in Ispra as technical assistant offered to him by the Commission by decision contained in the letter of 30 July 2010, sent to him by e-mail on 30 July 2010, and to withdraw that offer;

—Annul, in so far as necessary, all acts preparatory to the contested decision;

—Annul, in so far as necessary, the decision of the Appointing Authority to reject the applicant’s complaint contained in the letter of 10 February 2011, sent to the applicant the following day;

—Order the Commission to pay compensation for the material damage arising from the decision not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre in Ispra as technical assistant offered to him by the Commission by decision contained in the letter of 30 July 2010; the damage is assessed on a provisional basis as the difference between the total actual remuneration received by the applicant in his position as temporary agent with the Joint Research Centre and that to which he would have been entitled if he had been engaged in due time following his acceptance of the offer of a post as official in step 1 of Grade AST 3, together with late payment interest.

—Order the Commission to pay compensation for the non-material damage arising from the decision not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre in Ispra as technical assistant offered to him by the Commission in the decision in question contained in the letter of 30 July 2010, to be determined ex aequo et bono by the Civil Service Tribunal, assessed on a provisional basis for the purpose of this application at three times the basic monthly salary of an official in step 1 of Grade AST 3, in the total amount of EUR 10 001,31.

—Order the Commission to pay the costs.