Action brought on 3 October 2008 - Ackerman and Others v EIB

(Case F-79/08)

Language of the case: French

Parties

Applicant: Lucie Ackerman and Others (Strasbourg, France) and Others (represented by: L. Lévi, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the applicants' pension slips for the month of February 2008, inasmuch as those slips apply the annual pension adjustment for 2007 retroactively only from 1 January 2008 and not from 1 July 2007 and, consequently, an order that the EIB pay the pension amount corresponding to the application of the annual adjustment for 2007, the pension amount corresponding to the consequences of applying the annual adjustment for 2007 to the pension amounts which will be paid from January 2009 and default interest on the pension amounts payable, until full payment.

Form of order sought

Annul the applicants' pension slips for the month of February 2008, inasmuch as they apply the annual pension adjustment for 2007 retroactively only from 1 January 2008 and not from 1 July 2007 and, to the extent that it is necessary, annul the note which the Defendant sent to the applicants, dated 13 February 2008;

Order the Defendant to pay (i) the pension amount corresponding to the application of the annual adjustment for 2007, namely an increase of 2.2% for the period from 1 July 2007 to 31 December 2007; (ii) the pension amount corresponding to the consequences of applying the annual adjustment for 2007 to the pension amounts which will be paid from January 2009; and (iii) default interest on the pension amounts payable, until full payment, calculated on the basis of the rate set by the European Central Bank for principal refinancing operations, applicable during the relevant period, plus three percentage points;

Order the European Investment Bank to pay the costs.

____________