Action brought on 20 October 2005 - Ole Eistrup v European Parliament

(Case T-389/05)

Language of the case: Danish

Parties:

Applicant(s): Ole Eistrup (Knebel, Denmark) (represented by: S. E. Hjelmborg, advokat)

Defendant(s): European Parliament

Form of order sought

The applicant(s) claim(s) that the Court should:

annul the defendant's decision of 13 December 2004 and the defendant's reply of 12 July 2005;

order the defendant to pay the applicant compensation in the amount of EUR 203 357 for lost earnings in the period 1 June 1998 to 1 September 2002, together with interest;

order the defendant to pay the applicant EUR 200 000 for non-material damage, together with interest;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, who is employed in the Parliament's Danish language translation division, wished to be reinstated in his post after taking leave on personal grounds from 1 August 1992 to 31 July 1996. This only became possible however from 1 October 2002, since the Parliament was not able to identify an available post corresponding to the applicant's category and qualifications before that date.

In support of his application the applicant states that he has fulfilled his obligation to mitigate his loss in connection with his claim for reimbursement of lost earnings.

The applicant also claims that the defendant's alleged unlawful handling of the matter put the applicant in a state of uncertainty and anxiety, and that the defendant's conduct constitutes a clear breach of the applicant's rights and the confidence which every citizen must have in the Community's legal system.

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