21.6.2008

EN

Official Journal of the European Union

C 158/26

(Case F-33/08)

(2008/C 158/47)

Language of the case: French

Parties

Applicant: V (represented by: C. Ronzi, lawyer)

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Annulment of the Commission's decision of 15 May 2007 informing the applicant that she did not satisfy the requirements of physical fitness for the performance of duties with the European Commission, removal from her personal file of certain expert reports, and application for compensation for non-pecuniary and pecuniary damage suffered.

Form of order sought

—Annul the decision of 15 May 2007 informing the applicant that she did not satisfy the requirements of physical fitness for the performance of duties with the European Commission;

—So far as necessary, annul the decision of 12 July 2007 rejecting the applicant's complaint of 1 June 2007;

—Order removal from the applicant's personal file of the expert reports issued on 15 September 2006, 21 September 2006 and 28 March 2007, and, consequently, rule that reference should be made to the initial medical opinion of 26 June 2006 in which the applicant was declared fit for work;

—Order the defendant to pay compensation for the pecuniary and non-pecuniary damage suffered by the applicant, provisionally and fairly estimated at EUR 170 900 (with the addition of default interest to be calculated at the rates set by the European Central Bank for main refinancing transactions, plus two points, from 1 August 2006);

—Order extension on behalf of the applicant of the reserve list which includes her name, as an interim measure, if the judgment of the Civil Service Tribunal is to be handed down after February 2009 (when the validity of the reserve list expires);

—Order the Commission of the European Communities to pay the costs.