30.1.2010

Official Journal of the European Union

C 24/82

(Case F-98/09)

2010/C 24/157

Language of the case: English

Parties

Applicant: Sarah Whitehead (Frankfurt am Main, Germany) (represented by: L. Levi, M. Vandenbussche, lawyers)

Defendant: European Central Bank

The subject matter and description of the proceedings

An appeal against the decision dated 8 January 2009 awarding the applicant a salary increase of 2 points for the purpose of the Annual Salary and Bonus Review (ASBR) for the year 2008, received on 15 January 2009, as well as against the salary statement of 15 January 2009 implementing this decision.

Form of order sought

The applicant claim that the Court should:

—annul the decision of the European Central Bank dated 8 January 2009 on the Appellant's ASBR 2008, served upon her on 13 or 14 January 2009 (during her absence);

—annul the Appellant's salary statement of 15 January 2009, implementing this decision;

—as a consequence, order the payment of the amount of her salary representing the difference between the challenged 2008 ASBR and the ASBR which should have been granted to her, as of 15 January 2009 until complete payment, plus late interest at the rate equal to the margin lending rate of the European Central Bank during the default period plus three percentage points;

—in the case that the organisation of a new 2008 ASBR procedure would be found to entail excessive difficulties, order the award of the equivalent of 3 salary points to compensate the material prejudice;

—in any case, order the compensation of the moral prejudice suffered evaluated ex aequo et bono at EUR 10 000;

—order that the European Central Bank pays all the costs.