Action brought on 30 November 2010 - Schuerewegen v Parliament

(Case F-125/10)

Language of the case: French

Parties

Applicant: Daniel Schuerewegen (Marienthal, Luxembourg) (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the appointing authority's decision by which the applicant was removed from his place of work and his staff card removed, together with the measures taken as a result of that decision and damages.

Forms of order sought

Annul the appointing authority's decision of 30 August 2010 rejecting the applicant's complaint;

annul the appointing authority's decision of 25 March 2010 by which the applicant was forcibly removed, without justification or written or verbal notification and without notice, and by which his staff card was withdrawn together with the measures taken as a result of that decision;

inform the defendant of the consequences entailed by the annulment of the contested decisions and, in particular, of the compensation for the damage suffered by the applicant;

order the defendant to reimburse in full the medical costs incurred as a result of the health problems afflicting the applicant following these events;

order the defendant to restore all the days of annual leave taken by the applicant since 25 March 2010, together with all days of sick leave;

order the defendant to provide the applicant with written, public apologies in order to clear his good name;

order the defendant to ensure that the applicant does not suffer from any vexatious or discriminatory treatment or measure as a result of the contested measure adversely affecting him;

order the defendant to ensure that no trace of the measure adversely affecting him, its grounds or consequences remain in the individual file of the applicant;

order the defendant to actively and promptly search for a position for the applicant that is sufficiently distant from his current post to allow him to resume work in humanly acceptable conditions;

order the defendant to ensure that those who participated conceptually, actively or indirectly in the measure adversely affecting him receive adequate warnings and/or sanctions;

order the defendant to pay to the applicant the sum of EUR 10,000 by way of damages for non-material loss together with the provisional sum of EUR 5,000 by way of damages for material loss, subject to increase;

order the European Parliament to pay the costs.

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