Action brought on 4 May 2011 - ZZ v European Ombudsman

(Case F-54/11)

Language of the case: French

Parties

Applicant: ZZ (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Ombudsman

Subject-matter and description of the proceedings

Annulment of the decision to apply to the applicant the disciplinary measure of dismissal without loss of pension rights. Consequently, a claim to restore the applicant to his post and, in the alternative, to grant him a sum corresponding to the remuneration which he would have received between the date of effect of the dismissal and the date at which he will reach retirement age. In any event, the grant of a sum to the applicant in respect of the non-material damage suffered.

Form of order sought

Annul the disciplinary decision of the European Ombudsman of 20 July 2010 to apply to the applicant the disciplinary measure of dismissal without loss of pension rights;

in so far as is necessary, annul the decision of 18 January 2011 expressly rejecting the complaint;

In so far as is necessary:

declare that the annulment of the decision to dismiss carries with it the restoration of the applicant, with retroactive effect from the date of effect of the decision to dismiss, to his position as administrator in Grade A5, step 2, and the payment of those financial entitlements due to him for the whole of that period, together with default interest at 2 points above the interest rate of the European Central Bank;

in the alternative, order the defendant to pay a sum corresponding to the remuneration that the applicant would have received from the date of effect of his dismissal in August 2010 until the month in which he will reach retirement age, July 2040, and to the applicant's adjusted pension rights;

in any event, order the defendant to pay the sum of EUR 65 000 in respect of the non-material damage suffered by the applicant;

order the Ombudsman to pay the costs.

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