EN

Official Journal of the European Union

C 317/50

(Case F-88/10)

()

2010/C 317/90

Language of the case: French

Parties

Applicant: Marc Van Asbroeck (Dilbeek, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application: (1) for annulment of the Commission's decision rejecting the applicant's claim for the partial setting aside of the Commission's decision of 22 October 2008 concerning the introduction of an indemnity in favour of officials who changed category before 1 May 2004; (2) that he be reclassified, with retrospective effect from 1 May 2004, in Grade D*4/8; and (3) that his career be reconstituted in accordance with the promotions, annual adaptations and advances in step affecting him since that time.

Form of order sought

—Order the Commission to adopt an express position on the table drawn up by the applicant to compare his actual salary progression with the salary progression he would have enjoyed if he had not changed category before 1 May 2004;

—annul the Commission's decision rejecting the applicant's claim for the setting aside of the third sentence of Article 1(3) of the Commission's decision of 22 October 2008 concerning the introduction of an indemnity in favour of officials who changed category before 1 May 2004; reclassify the applicant with retrospective effect from 1 May 2004, in Grade D*4/8; reconstitute the applicant's career in accordance with the promotions, annual adaptations and advances in step affecting him since that time; and, in so far as necessary, annul the decision rejecting the complaint;

—order the Commission to pay a sum provisionally fixed at EUR 13 218,24 by way of compensation for financial loss, plus interest for delay at the statutory rate dating from the judgment to be given;

—order the European Commission to pay the costs.