28.1.2012

EN

Official Journal of the European Union

C 25/67

(Case F-100/11)

(2012/C 25/129)

Language of the case: Italian

Parties

Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision by which the Commission refused to send the applicant the daily allowances linked to the decision relating to his transfer from the delegation in Angola to headquarters in Brussels.

Form of order sought

The applicant claims that the Civil Service Tribunal should:

—annul the decision issued by — or, in any event, attributable to — the Commission, rejecting — howsoever and whether in whole or in part — the claims set out in the application of 10 August 2010, sent to the appointing authority on 13 August 2010 at the latest;

—annul, quatenus opus est, the note of 22 December 2010, which was received by the applicant on 11 February 2011 at the earliest;

—annul the decision issued by the Commission rejecting, howsoever, the claims set out in the complaint of 24 February 2011;

—order the Commission to transfer to the applicant the daily pecuniary allowances under Article 10 of Annex VII to the Staff Regulations of Officials of the European Union, which were due to the applicant: (i) in relation to the decision of 18 March 2002, issued by the Commission, concerning the transfer of the applicant and of his post from the Commission’s Delegation in Luanda (Angola) to its central headquarters in Brussels, a judgment having been handed down in relation to that decision on 14 September 2011 in Case T-236/02 Marcuccio v Commission; and (ii) as from 1 April 2002, the day on which the decision of 18 March 2002 took effect, and for the subsequent 120 calendar days;

—order the Commission to transfer to the applicant the interest on the allowances in question, that is to say, both default interest and interest to offset the monetary devaluation occurring between 31 July 2002 and the date of actual payment, the interest in question to be calculated at the rate of 10 % per annum, and with annual capitalisation with effect from 31 July 2002;

—order the Commission to pay the costs.