Action brought on 15 July 2013 – ZZ and Others v EIF

(Case F-72/13)

Language of the case: French

Parties

Applicants: ZZ and Others (represented by: L. Levi, lawyer)

Defendant: European Investment Fund (EIF)

Subject-matter and description of the proceedings

Annulment of the decisions contained in salary slips to apply to the applicants the decision of the Board of Directors setting a salary progression capped at 2.3%, the decision of the EIF’s Chief Executive setting a new merit grid entailing the loss of 1 to 2% of salary, according to the applicants, and the decision of the EIB’s Management Committee establishing a merit grid entailing the loss of 1 to 2% of salary, according to the applicants, and the subsequent application for an order that the EIF pay the difference in remuneration together with damages.

Form of order sought

Annulment of the decisions to apply to the applicants the decision of the EIF’s Board of Directors of 4 February 2013 setting a salary progression capped at 2.3%, the decision of the EIF’s Chief Executive setting a new merit grid entailing the loss of 1 to 2% of salary, according to the applicants, which decisions derive from the decision of the EIB’s Board of Directors of 18 December 2012 setting a salary progression capped at 2.3% and from a decision of the EIB’s Management Committee of 29 January 2013 establishing a merit grid entailing the loss of 1 to 2% of salary, according to the applicants (the abovementioned decisions of the EIF having been disclosed in the April 2013 salary slips), and the annulment, to the same extent, of all the decisions of the EIF contained in the subsequent salary slips;

order the defendant to pay the difference between the remuneration resulting from the aforementioned decisions of the EIF’s Board of Directors and the EIF’s Chief Executive of 4 February 2013, the EIB’s Board of Directors of 18 December 2012 and the EIB’s Management Committee of 29 January 2013 and that payable in application of the ‘4-3-2-1-0’ merit grid and the ‘5-4-3-1-0’ ‘young’ grid, or, in the alternative, in respect of the applicants awarded a grade A, that payable in application of the ‘3-2-1-0-0’ merit grid and, in respect of the applicants covered by the ‘young’ grid, under the ‘4-3-2-0-0’ young grid; with interest on arrears to be added to that difference in remuneration with effect from 15 April 2013 and then on the 15th of each month until the difference has been completely made up, the rate of interest being the ECB rate, increased by three percentage points;

order the defendant to pay damages for the loss suffered by reason of the loss of purchasing power, such loss being assessed equitably, and, on a provisional basis, at 1.5% of the monthly remuneration of each applicant;

should the defendant not produce them voluntarily, request the defendant, by way of measures of organisation of procedure, to produce the following documents:

the decision of the EIF’s Board of Directors relating to the alignment of the employment status of EIF staff of 24 September 2001;

the decision of the EIF setting out the ‘appropriate procedure’ mentioned in the decision of the EIF’s Board of Directors relating to the alignment of the employment status of EIF staff of 24 September 2001;

the decision of the EIF’s Board of Directors, thought to be of 4 February 2013, setting the budget for staff for 2013;

the decision of the EIF’s Chief Executive setting the new merit grid for 2013;

the minutes of the meeting of the EIB’s Board of Directors of 18 December 2012;

the minutes of the meeting of the EIB’s Management Committee of 29 January 2013;

the note from the EIB’s Personnel Directorate ‘personnel/ASP/2013-5’ of 29 January 2013;

the Corporate Operational Plans 2013-2015 of the EIB and of the EIF;

order the EIF to pay the costs.