15.1.2011

Official Journal of the European Union

C 13/41

(Case F-97/10)

()

2011/C 13/82

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: L. Levi and S. Rodrigues, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application to maintain the effects of contested salary slips pending the adoption of a regulation replacing, with retroactive effect, Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009 and for payment of damages for the material and non-material damage suffered by the applicant.

Form of order sought

—the maintenance of the effects of contested salary slips pending the adoption of a regulation replacing, with retroactive effect, Regulation No 1296/2009;

—order the Commission to compensate the applicant for the financial loss he suffered by the payment of a sum to the amount equivalent to the loss of earnings resulting from the application of the manifestly illegal Regulation No 1296/2009, plus the repayment of the part of the special levy applied monthly since January 2010 in accordance with Article 66 of the Staff Regulations, the rate of which was erroneously fixed taking account of that regulation: that amount is estimated, without prejudice to the interpretation of the Tribunal, at between EUR 40 000 and EUR 50 000, excluding default interest which was also applied for by the applicant;

—order the Commission to pay symbolic damages of one euro to the applicant for the non-material damage he suffered;

—order the European Commission to pay the costs.