Action brought on 4 October 2010 - Carpenito v Council

(Case F-94/10)

Language of the case: French

Parties

Applicant: Renzo Carpenito (Overijse, Belgium) (represented by: L. Levi and S. Rodrigues, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Application for the retention of the effects of the contested salary statements until the adoption of a regulation replacing, with retroactive effect, Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009, and for compensation in respect of the applicant's financial loss and his pain and suffering

Form of order sought

Retain the effects of the contested salary statements until the adoption of a regulation replacing, with retroactive effect, Regulation No 1296/2009;

order the Council to compensate the applicant for his financial loss in an amount equivalent to the loss of remuneration resulting from the manifestly unlawful application of Regulation No 1296/2009, to which must be added reimbursement of the special monthly charge deducted since January 2010 pursuant to Article 66a of the Statute, the rate of which was wrongly fixed in the light of that regulation. That amount is estimated, subject to the Civil Service Tribunal's interpretation, at EUR 30 000;

order the Council to pay the applicant the symbolic amount of EUR 1 as compensation for his pain and suffering;

order the Council to pay the costs.

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