9.5.2008

EN

Official Journal of the European Union

C 116/35

(Case F-28/08)

(2008/C 116/68)

Language of the case: French

Parties

Applicant: Michel Pouzol (Combaillaux, France) (represented by: D. Grisay, I. Andoulsi and D. Piccininno, lawyers)

Defendant: European Court of Auditors

The subject-matter and description of the proceedings

First, annulment of the Court of Auditors' decision of 29 November 2007, as well as the proposals made to the applicant on 10 May 2007 concerning the transfer of his pension rights acquired in France and, consequently, recognition of the applicant's entitlement to an additional 6 years, 10 months and 1 day of pensionable service, making an overall entitlement of 10 years, 3 months and 24 days of pensionable service, to be reflected in an addition to his pension. Secondly, an order that the defendant pay compensation for the financial and non-material loss suffered by the applicant.

Form of order sought

—Annul the Court of Auditors' decision of 29 November 2007 and the proposals made to the applicant on 10 May 2007;

—recognise the applicant's entitlement to an additional 6 years, 10 months and 1 day of pensionable service, making an overall entitlement of 10 years, 3 months and 24 days of pensionable service;

—order the Court of Auditors to reflect that entitlement to years of pensionable service by an addition to the applicant's pension of EUR 1 232,32 per month;

—order the Court of Auditors to pay compensation for the financial loss suffered by the applicant, assessed to the date of lodgement of the present application at the sum of EUR 32 040,32 (that is the applicant's loss of income of EUR 1 232,32 per month from the date of his being compulsorily retired on 1 January 2006 to 1 March 2008);

—order the Court of auditors to pay compensation for the non-material loss suffered by the applicant during more than 14 years, the quantum of damages to be determined later by agreement between the parties;

—order the European Court of Auditors to pay the costs.