Language of document :

Action brought on 8 May 2013 – ZZ v Commission

(Case F-44/13)

Language of the case: French

Parties

Applicant: ZZ (represented by: C. Mourato, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission decisions concerning the grant of compensation for material damage suffered by the applicant because of the incorrect calculation of the allowance for living conditions.

Form of order sought

Annul the Commission decision of 25 January 2013 received by the applicant on 28 January 2013 on the partial annulment of the PMO.1 decision of 30 March 2012 in so far as it limits to 1 March 2007 the applicant’s claim to be granted compensation for the material damage suffered because of the incorrect calculation of the allowance for living conditions to which the applicant has been entitled since 22 September 2002 and in so far as it takes account of the orphan’s pension of the applicant’s daughter between 1 March 2007 and 31 August 2008 for the purposes of calculating that compensation;

annul the Commission decision of 4 February 2013 received by the applicant on 5 February 2013 and her wage statement for February 2013 as regards the RRV correction code relating to compensation for the abovementioned damage imposed on 1 March 2007, while maintaining the effects of that statement until the adoption of a new bulletin correctly applying Article 10 of Annex 10 to the Staff Regulations from 31 December 2011 until 22 September 2002;

order the Commission to pay a provisional additional sum of EUR 11 000.00, for the loss in respect of the allowance for living conditions suffered by the applicant between 22 September 2002 and 31 August 2008 and to pay interest calculated on the full damage suffered in that connection between 22 September 2002 and 31 December 2011, payable as from the dates when such payments are respectively due until the actual day of payment and calculated on the basis of the rates applied by the ECB to its principal refinancing operations over the period concerned, plus two points;

order the Commission to pay the costs.