12.9.2016

EN

Official Journal of the European Union

C 335/53

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Action brought on 14 June 2016 — ZZ and Others v Commission

(Case F-29/16)

(2016/C 335/69)

Language of the case: Italian

Parties

Applicants: ZZ and Others (represented by: C. Cortese, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision withholding amounts from a pension adopted by the Commission under Article 85 of the Staff Regulations and determining that an amount of EUR 22 368,13 be withheld from the survivor’s pension granted to the applicant and from the orphan’s pension granted in respect of his three children.

Form of order sought

The applicants claim that the Tribunal should:

—annul the decision of the Office for Administration and Payment of Individual Entitlements (PMO.4) of 17 August 2015 concerning recovery of sums overpaid in respect of survivor’s and orphan’s pensions, in relation to the entitlements of ZZ and of his two minor daughters and, to the extent necessary, the express decision rejecting the complaint;

—annul the decision of the Office for Administration and Payment of Individual Entitlements (PMO.4) of 17 August 2015 concerning recovery of sums overpaid in respect of survivor’s and orphan’s pensions, in relation to the entitlements of X and, to the extent necessary, the implied decision rejecting the complaint;

—order the Commission to compensate the material and non-material damage suffered by the applicants owing to the breach of their right to good administration and of the Administration’s duty of care towards them, amounting, respectively:

—to the difference between the remuneration received by ZZ as a temporary agent of the EFSA in grade AD 9, and the remuneration that he would receive as an official of the Commission in grade AD 12, for a period of one year;

—to the amount of the recovery sought from the applicants in the contested decision, increased by the difference between the pensions amount determined in Statement of amendment No 2 and the amount determined in Statement of amendment No 3, from the date on which Statement No 3 takes effect until such time as the family will be in a position to resettle in its earlier place of residence, that period being equitably estimated at one year from resolution of the present case;

—order the Commission to pay the costs.

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