28.1.2012

EN

Official Journal of the European Union

C 25/70

(Case F-118/11)

(2012/C 25/137)

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 implied decision of the Commission refusing to adopt a decision on the occupational origins of the applicant’s illness

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 30 June 2011, sent to the Commission in the person of its legal representative pro tempore and to the appointing authority of the Commission;

—find that the Commission has abstained from adopting a finding, for the purposes of Article 78 of the Staff Regulations of Officials of the European Union, on the occupational origins of the condition on account of which the applicant’s retirement, provided for under the decision of 30 May 2005, was decided, or at the least has abstained from undertaking a review of the related finding, which — a matter which is uncertain — was adopted by the Commission when the decision of 30 May 2005 was issued;

—order the Commission to transfer to the applicant the sum of EUR 4 250, which, if and in so far as it is not paid to the applicant, will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from tomorrow and until the day on which payment of that sum takes place;

—order the Commission to transfer to the applicant the sum of EUR 50 per day for each additional day which, with effect from tomorrow, passes while the abovementioned abstention persists, up until the 180th day after 1 July 2011, it being necessary for that sum of EUR 50 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

—order the Commission to transfer to the applicant the sum of EUR 60 per day for each additional day which, from the 181st day after 1 July 2011, passes while the abovementioned abstention persists, up until the 270th day after 1 July 2011, it being necessary for that sum of EUR 60 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

—order the Commission to transfer to the applicant the sum of EUR 75 per day for each additional day which, from the 271st day after 1 July 2011, passes while the abovementioned abstention persists, up until the 360th day after 1 July 2011, it being necessary for that sum of EUR 75 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

—order the Commission to transfer to the applicant the sum of EUR 100 per day for each additional day which, from the 361st day after 1 July 2011, passes while the abovementioned abstention persists, ad infinitum, it being necessary for that sum of EUR 100 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;

—order the Commission to pay the costs.