Action brought on 22 December 2009 - Allen and Others v Commission

(Case F-103/09)

Language of the case: English

Parties

Applicants: John Allen (Oxford, United Kingdom) and Others (represented by: P. Lasok, I. Hutton, B. Lask, Barristers)

Defendant: European Commission

The subject matter and description of the proceedings

An application for damages and for the annulment of a decision refusing to pay damages in respect of the loss suffered by each applicant as a result of the fact that each of them was not recruited as a temporary servant of the Communities during the time when they worked at the JET Joint Undertaking.

Form of order sought

The applicants claim that the Tribunal should:

annul the Commission's Decision dated 25 September 2009;

declare that the applicants had a right to, and should have been, treated as "other personnel" and/or recruited as such, in accordance with Article 8 of the original JET Statutes;

declare that the Commission discriminated against the applicants without objective justification during their engagement on the JET Project as regards their remuneration, pension rights and related benefits, and security of future employment;

order the Commission to compensate the applicants for the loss of earnings, pensions, and related benefits and privileges occasioned by the aforesaid breaches of Community law, including interest thereon as appropriate;

order the costs of this appeal to be paid by the Commission; and

take such further measures and grant such further relief, under the Statute of the Court of Justice and/or the Rules of procedure of the Civil Service Tribunal as may be necessary, just or equitable.

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