Action brought on 24 May 2011 - ZZ v OHIM

(Case F-59/11)

Language of the case: French

Parties

Applicant(s): ZZ (represented by: R. Adam and P. Ketter, lawyers)

Defendant: OHIM

Subject-matter and description of the proceedings

First, annulment of the decision refusing a second renewal of the applicant's initial contract as a member of the temporary staff and, second, annulment of his new contract as a member of the temporary staff, and damages.

Form of order sought

Annul the decision of the President of OHIM of 29 September 2010 refusing a second renewal of his contract as a member of the temporary staff initially concluded on 16 July 2005;

Annul the fixed term contract as a member of the temporary staff concluded on 1 August 2010 in so far as that contract in fact constitutes a second renewal of the initial contract referred to above;

Annul the decision of the President of OHIM of 18 February 2011;

Declare the existence of an employment relationship of indefinite duration;

Otherwise, annul the legal classification of the initial contract concluded on 16 July 2005 and of its end date, fixed, after renewal, at 16 July 2010, and reclassify it as employment on a contract of indefinite duration or declare that the applicant's employment is of indefinite duration;

Order the defendant to make good the material and non-material loss suffered by the applicant through the conduct of OHIM, fixed provisionally, without obligation and without prejudice inter alia to possible increase during proceedings, at EUR 6 113.79 for the material loss and EUR 30 000.00 for the non-material loss;

In the alternative and if, contrary to all probability, the Tribunal should conclude that, despite the conclusion of a contract of employment of indefinite duration, the employment relationship ended on 16 July 2010 - quod non - grant damages for wrongful termination of contract;

In the further alternative, and if, contrary to all probability, the Tribunal should conclude that no reclassification or declaration of employment of indefinite duration was possible - quod non - grant damages for the loss suffered through the wrongful conduct of OHIM;

Reserve to the applicant all rights, remedies, means and actions, and, in particular, an order that OHIM pay damages commensurate with the loss suffered;

Reserve to the applicant the right to adduce by any means offered by the law and, in particular, by the hearing of witnesses, evidence of the facts of the case;

Order OHIM to pay the costs.

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