19.2.2011

Official Journal of the European Union

C 55/37

(Case F-100/10)

2011/C 55/68

Language of the case: French

Parties

Applicant: AM (Málaga, Spain) (represented by: L. Lévi and C. Bernard-Glanz, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application to annul the decision refusing to consider the cardio-vascular attack suffered by the applicant as an accident within the meaning of Article 73 of the Staff Regulations and Article 2 of the Joint Sickness Insurance Scheme.

Form of order sought

—Annul the decision of the appointing authority of 12 November 2009 refusing to consider the cardio-vascular attack suffered by the applicant as an accident within the meaning of Article 73 of the Staff Regulations and Article 2 of the rules concerning cover and, as far as necessary, annul the decision of the appointing authority rejecting the complaint;

—As a consequence, order a fresh consideration of the applicant's application, brought under Article 73 of the Staff Regulations, by a new medical committee;

—Order the defendant to pay damages, fixed, ex aequo et bono, at EUR 50 000 for the non-material damage suffered as a result of the contested decisions;

—Order the defendant to pay damages, fixed, provisionally, at EUR 25 000 for the material damage suffered as a result of the contested decisions;

—Order the defendant to pay interest for late payment on the capital due under Article 73 of the Staff Regulations at a rate of 12 % for a period which commenced not later than 15 March 2007 and which will terminate when the entire capital is paid;

—Order the European Parliament to pay the costs.