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Valentina R., lawyer
EN
(2009/C 44/137)
Language of the case: French
Applicant: Bart Nijs (Aalst, Belgium) (represented by: F. Rollinger, lawyer)
Defendant: Court of Auditors of the European Communities
First, annulment of the decision not to promote the applicant in 2008 and, second, an order that the defendant make good the material and non-material loss suffered by the applicant.
—Annul the decision not to promote the applicant in 2008, published in Staff Note No 32/2008 of 5 May 2008, and the acts preparatory to that decision, in particular the decisions of 19 and 29 February 2008 which were the subject of the Staff Notes Nos 10-2008 and 17-2008 adopting the lists of those eligible for promotion at 1 January 2008, inasmuch as they concern the applicant;
—Declare expressly that the subsequent decisions and preparatory acts mentioned above are void;
—Order the defendant to make good the material loss amounting to the loss of income which the applicant suffered in relation to the higher salary which he would have received had the period mentioned above not intervened to hindered his career, along with the non-material loss additional to the similar compensation claimed in other disputes, of EUR 10 000;
—Order the Court of Auditors of the European Communities to pay the costs.