Action brought on 28 September 2007 - Bernard v Europol

(Case F-99/07)

Language of the case: Dutch

Parties

Applicant: Marjorie Bernard (Woerden, Netherlands) (represented by: P. de Casparis, lawyer)

Defendant: European Police Office (Europol)

Form of order sought

Annul the decision of 26 June 2007, notified on 28 June 2007, concerning the complaint, and the assessments of 5 February 2007 and 25 July 2007;

Order Europol:

to grant the applicant an increase in monthly salary with effect from 1 September 2006, together with interest;

to pay damages in the amount of EUR 7 500 net;

Order Europol to pay the costs.

Pleas in law and main arguments

The present proceedings relate to the assessment of the applicant's work during the period from 1 September 2005 to 31 August 2006. The applicant's work was assessed as a '2', which corresponds to the criterion 'does not entirely meet the standard required'.

The applicant made a complaint concerning the assessment and the lack of any decision regarding the award of an increase in monthly salary and, in that context, she relied on the assessment guidelines in force in Europol. The applicant submits that the assessment is manifestly incorrect.

The applicant submits in particular that her complaints were declared unfounded by a decision of 26 June 2007 and alleges breach of the principle of the duty to state reasons since no reasons were stated for that decision. Nevertheless, the Director of Europol points out that the assessment was withdrawn and that a fresh assessment was to be made. That assessment took place on 25 July 2007.

The present action therefore relates to the decision made on the complaint and the assessment of 25 July 2007.

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