Action brought on 29 September 2014 — ZZ v Council

(Case F-99/14)

Language of the case: French

Parties

Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

The partial annulment of two of the Council’s Staff Notes in so far as they link entitlement to reimbursement of travel expenses from the place of employment to the place of origin and of the travelling time to the expatriation or foreign residence allowance and an order that the defendant pay damages for the material and non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

annul, pursuant to Article 270 TFEU, the decision contained in Staff Note (‘SN’) 13/14 (Decision No 2/2014) of 9 January 2014, which amended the regime applicable to travelling time, following the applicability from 1 January 2014 of the provision in Article 7 of Annex V to the Staff Regulations, and Staff Note (‘SN’) 9/14 (Decision No 12/2014), which amended the travel expenses regime following the applicability from 1 January 2014 of the provision in Article 8 of Annex VII to the Staff Regulations, amended by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, published in the Official Journal No L 187 of 29 October 2013. The application for annulment is limited to the part of the SN which links entitlement to travel expenses and to travelling time to the expatriation or foreign residence allowance and to Article 6 of the SN 9/14 which introduced new criteria for the determination of the place of origin;

order the defendant to pay the applicant EUR 169 051.96 in respect of the material harm suffered and EUR 40 000 in respect of the non-material harm suffered;

order the defendant to pay damages plus default interest at the rate of 6.75 in respect of the material and non-material harm suffered;

order the Council to pay the costs.