29.3.2008

EN

Official Journal of the European Union

C 79/37

(Case F-136/07)

(2008/C 79/71)

Language of the case: French

Parties

Applicant: Bart Nijs (Aalst, Belgium) (represented by: F. Rollinger, lawyer)

Defendant: European Court of Auditors

The subject-matter and description of the proceedings

Annulment, on the one hand, of the decision of the Appointing Authority of 5 September 2007 to demote the applicant to Grade AD9, step 5, following a disciplinary procedure and, on the other, of the decisions to suspend him from his post, to open an administrative enquiry in respect of him, and not to promote him to Grade AD 11 in 2007 — Claim for compensation for non-material and material harm

Form of order sought

—Annul the express decision of the Appointing Authority of 5 September 2007 to demote the applicant to Grade AD 9, step 5, following the disciplinary procedure opened on 27 September 2006;

—Annul the associated and subsequent decisions, in particular that of 26 September 2006 to suspend the applicant from his post, that of 27 September 2007 to open an administrative enquiry in respect of him, and that not to promote him to Grade AD 11 in 2007;

—Annul the decision of the small-group meeting of the Court of Auditors of 8 March 2007 to renew the appointment of Mr Michel Hervé on 1 July 2007 for a period of six years;

—Order the Court of Auditors to pay the applicant the sum of EUR 10 000 in respect of non-material harm suffered during and after the disciplinary procedure and in respect of compensation for the material harm consisting in the difference between the salary which he received since the date of the last promotion decisions and that which he would have received had he been promoted at that time;

—Order the Court of Auditors to pay the costs.