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Valentina R., lawyer
EN
(2015/C 213/78)
Language of the case: French
Applicant: ZZ (represented by: N. Lhoëst, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Annulment of the decision of the President of OHIM of 4 June 2014 terminating the applicant’s contract as a member of the temporary staff, a claim to be reinstated by OHIM if possible, and if not, to receive fair financial compensation for the alleged unlawful termination of his contract, and finally a claim for damages and interest for the non-material harm allegedly suffered.
—Annul the decision of the President of OHIM of 4 June 2014 terminating the applicant’s contract as a member of the temporary staff;
—Consequently, order the reinstatement of the applicant and order the defendant (i) by way of damages and interest, to pay the applicant the remuneration in respect of the period from the date on which the termination of his contract took effect until the date of his reinstatement on account of the annulment of the decision taken and (ii) to reconstitute the applicant’s career unlawfully halted by the decision to terminate his contract;
—in the alternative, in the event that the applicant’s reinstatement results in significant practical difficulties or is excessive with regard to the situation of a third party, order the defendant to pay fair financial compensation for the unlawful termination of the applicant’s contract, taking into account not only the loss of remuneration with regard to the past but also the applicant’s genuine opportunity to remain in the service of OHIM until retirement age under a contract for an indeterminate period and to develop in his career;
—in any event, order the defendant to pay damages and interest to compensate for the non-material harm suffered, assessed on equitable principles at EUR 15 000;
—order OHIM to pay all the costs.