Action brought on 15 March 2010 - Daake v OHIM

(Case F-17/10)

Language of the case: German

Parties

Applicant: Simone Daake (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Subject-matter and description of the proceedings

Annulment of OHIM's decision of 4 December 2009 rejecting the applicant's claims for compensation

Form of order sought

Order OHIM to compensate the applicant for material damage amounting to the difference between:

on the one hand, her actual salary according to her formal classification as a member of the contract staff under Article 3a of the Conditions of Employment of other Servants ('CEOS') from 1 November 2005 until 31 October 2008 and the unemployment benefits paid to her from 1 November 2008 until today, and

on the other hand, the salary to which she was entitled as a member of the temporary staff under Article 2(a) of the CEOS from 1 November 2005 until 31 October 2008 and the unemployment benefits to which she was entitled from 1 November 2008 until today, calculated according to her salary for October 2008 under Article 2(a) of the CEOS -

together with the resulting losses to retirement pension and other indemnities, salary and benefits taking into account appropriate promotion based on her performance until 1 April 2008,

and - to the extent required in order for the compensation applied for to be granted - annul the decisions of OHIM of 6 May 2009 and 4 December 2009;

order OHIM to compensate the applicant for the non-material damage caused by the discrimination vis-à-vis other OHIM employees in an amount to be determined by the Tribunal;

order OHIM to pay the costs.

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