30.3.2015

EN

Official Journal of the European Union

C 107/40

(Case F-6/15)

(2015/C 107/53)

Language of the case: English

Parties

Applicant: ZZ (represented by: E. Asenov, lawyer)

Defendant: European Aviation Safety Agency (EASA)

Subject-matter and description of the proceedings

Annulment of the decision of the European Aviation Safety Agency terminating the applicant’s fixed-term contract before the expiry date laid down in the contract and application for damages with interest in respect of the material and non-material damage arising from the early termination of his contract.

Form of order sought

—Annul the contested Decision No 2014/039/E of 16 April 2014, which terminates prematurely the applicant’s contract, upheld by EASA Decision No SR 14-005 of 27 October 2014;

—Award compensation for the moral damages suffered by the applicant in the form of humiliation, insult, broken reputation and deteriorating health, caused by the decision. The applicant’s estimation of these moral damages is EUR 100 000;

—Award compensation for the material damages suffered by the applicant as a result of the early termination of his contract. They are equal to the difference between the applicant’s full salary and the compensation under Article 47(b)(ii) CEOS for the period between the early termination of the applicant’s contract and the day of its re-establishment or the date when the contract expires at 1 November 2015. The estimation of the difference amounts to around EUR 75 000, but more precise calculations can be made by the EASA accountant’s office;

—Restore the normal execution of the applicant’s contract and the applicant’s professional relationship with the European Aviation Safety Agency;

—As to evidence:

—one witness to be summoned for the oral part of the proceedings in order to testify about the applicant’s reputation amongst the civil aviation community before the illegal suspension.

—one witness to be summoned for the oral part of the proceedings in order to testify about the applicant’s mental and health state during and after the illegal suspension and termination of his contract.

—EASA to be ordered to submit the list of its sensitive posts.

—As to costs, the defendant to be ordered to bear its own judicial costs incurred as well as those of the applicant, including the costs of the lawyer representing the applicant before the Civil Service Tribunal, witnesses’ costs and any other costs incurred in relation to the proceedings.