19.11.2011

Official Journal of the European Union

C 340/36

(Case F-101/09) (<span class="super">1</span>)

(Staff cases - Appointment - Members of the temporary staff appointed as officials - Classification in grade - Implementation of a judgment - Loss of opportunity)

2011/C 340/72

Language of the case: French

Parties

Applicant: AA (Brussels, Belgium) (represented by: initially, by K. Van Maldegem and C. Mereu, lawyers, later by K. Van Maldegem, C. Mereu and M. Velardo, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Baquero Cruz, Agents)

Re:

Application for annulment of the decision to classify the applicant in Grade AD6, Step 2 and for an order that the defendant pay compensation to the applicant.

Operative part of the judgment

The Tribunal:

1.Orders the European Commission to pay the applicant, by way of compensation for the material loss prior to the delivery of the present judgment, an amount equal to the difference between, on the one hand, the salary, after deduction of social security charges and tax, which he would have received if he had been recruited as an official in intermediate grade A*6 on 1 August 2004 and that, subsequently, his career proceeded in accordance with the advancement in step provided for in the Staff Regulations of Officials of the European Union and with the average time spent by an official in each grade, as provided for in Annex I(b) of the Staff Regulations and, on the other hand, the salary, after deduction of social security charges and tax, which the applicant received between 1 August 2004 and the date on which the present judgment was delivered, first, in his capacity as a national civil servant and, from 15 March 2009, in his capacity as an official of the European Union, to which difference must be applied a coefficient of 0,8;

2.Orders the European Commission to pay the applicant EUR 120 000 by way of compensation for the material loss subsequent to the delivery of the present judgment;

3.Orders the European Commission to pay the applicant the amounts already due pursuant to the present judgment, with default interest from the dates at which those amounts became due respectively and if those dates are prior to 15 March 2009, from the latter date. That interest must be calculated, until the date that payment is actually made, at the rate fixed by the European Central Bank for its principal refinancing operations and applicable during the period concerned, increased by two points;

4.Orders the European Commission to pay the applicant EUR 2 000 by way of compensation for non-material damage;

5.For the rest, dismisses the action;

6.Orders the European Commission to bear its own costs and to pay two-thirds of the applicant's costs;

7.Orders the applicant to bear one-third of his own costs.

(<span class="super">1</span>) OJ C 63 of 13.03.10, p. 52.