Notice for the OJ

 

Action brought on 28 February 2005 by Dorian Lacombe against the Council of the European Union

(Case T-116/05)

(Language of the case: French)

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 28 February 2005 by Dorian Lacombe, residing in Evry (France), represented by Sébastien Orlandi, Xavier Martin, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

order the Council to pay to the applicant an amount corresponding to the total amount of overtime worked in accordance with the statement signed for agreement by his immediate superior and by the Secretary-General of the Council, less the amount already paid,

order the Council to pay to the applicant's social security scheme the employer's contributions provided for by the legislation in force,

order the Council to pay to the applicant the unemployment benefits to which he would have been entitled if the employer's contributions had been paid in due time to his social security scheme,

order the defendant to pay to the applicant default interest calculated at the ECB central rate plus 2 points on all sums which should have been paid under the auxiliary staff contract between the parties.

Pleas in law and main arguments

The applicant was a member of the auxiliary staff at the Council from 1 December 2002 to 31 July 2003. He claims that the Council reduced from 73 to 59.5 days the amount of overtime to which he was entitled for hours worked on Saturdays, Sundays, holidays and days when the offices were closed, without informing him of the reasons. In support of this claim, the applicant pleads infringement of Article 57 of the Conditions of employment of other servants of the European Communities, infringement of Article 56 of the Staff Regulations, infringement of Staff Notice No 88/93 and breach of the duty to state reasons.

The applicant further alleges that, in breach of Article 70 of the Conditions of employment of other servants of the European Communities, the Council did not pay the contributions payable to the Caisse de Sécurité Sociale (French Social Security Fund) of which he was a member. The applicant also claims compensation for the damage which he suffered as a consequence.

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