Action brought on 9 November 2009 - Nikolchov v Commission

(Case F-94/09)

Language of the case: French

Parties

Applicant: Vladimir Nikolchov (Brussels, Belgium) (represented by: B. Lemal, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of 29 July 2009 of the appointing authority refusing to grant daily allowances to the applicant, following his recruitment as a probationary official on 16 January 2009.

Form of order sought

declare that this action is formally admissible;

declare that an infringement occurred of Annex VII to the Staff Regulations and Article 10 of Annex VII to the Staff Regulations and of declare that there has been an infringement of the Commission decision of 15 April 2004 adopting the General implementing provisions for giving effect to Article 7(3) thereof;

consequently, order the annulment of the decision of the appointing authority (No R/9/09) of 29 July 2009 dismissing the applicant's complaint seeking the grant of daily allowances on the basis of his second entry into service, in accordance with the second indent of Article 10(2)(b) of Annex VII to the Staff Regulations;

order the defendant to pay the applicant unpaid daily allowance totalling EUR 10 979,43, or any other amount fixed by the Tribunal, in addition to default interest from the date of bringing the complaint until the date of payment;

order the Commission of the European Communities to pay the costs.

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