24.8.2015

EN

Official Journal of the European Union

C 279/55

(Case F-74/15)

(2015/C 279/71)

Language of the case: Italian

Parties

Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to grant only an increase in the compensation to 20 % of the capital provided for in respect of total permanent invalidity under Article 14 of the Common rules on the insurance of officials of the Communities against the risk of accident and of occupational disease and compensation for the non-pecuniary harm allegedly suffered by the applicant and an order that the Commission pay default interest.

Form of order sought

—Annul the decision of 26 June 2014 by which the Commission grants an increase of 20 % of the compensation referred to in Article 14 of the Common rules on the insurance of officials of the Communities against the risk of accident and of occupational disease in the version applicable until 31 December 2006, on the ground of serious irregularities in the opinion given on 8 January 2014 by the medical committee, since it did not uphold in full the applicant’s requests and granted only 20 % in compensation, under Article 14 of the Common rules, in respect of harm to the cardio-respiratory function, without taking into account the mental harm and functional disruption of sleep due to the alteration of the left lateral decubitus position;

—Order the Commission to pay compensation in respect of the harm estimated pro bono et aequo at EUR 50 000 for the non-pecuniary harm suffered by the applicant and connected with the delay in payment of the compensation granted;

—Order the Commission to pay default interest, which it is to calculate, on EUR 98 372,51 for the period covering the expiry of six months following the submission of the claim for deterioration and the date of effective liquidation of the capital, at the rate fixed by the European Central Bank for the principal financing operations and applicable to the period concerned, increase by two points;

—Order the Commission to pay default interest, which it is to calculate, on the amount which will be estimated at the end of the present proceedings, from the date of the judgment until that of actual payment, at the rate fixed by the European Central Bank for the principal financing operations and applicable to the period concerned, increase by two points;

—In any event, order the Commission to pay the costs and disbursements.