Action brought on 26 April 2013 – ZZ v Commission

(Case F-37/13)

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Rodrigues and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of OLAF (the European Anti-fraud Office) rejecting the request for renewal of the applicant’s contract, following the annulment of that decision by a judgment of the Civil Service Tribunal and a claim for damages in respect of the material and non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:

annul the appointing authority’s decision of 8 August 2012 rejecting the request for renewal of the applicant’s contract;

so far as necessary, annul the implied rejection, on 12 August 2010, of the request for renewal of the applicant’s contract, in the event that its annulment is called into question in an appeal before the General Court of the European Union;

and, so far as necessary, annul the appointing authority’s decision of 17 January 2013 rejecting the complaint brought by the applicant on 21 September 2012;

grant the applicant, in respect of the material harm suffered, a sum corresponding to the difference between the remuneration which he would have received had he been able to obtain the renewal of his contract as a member of the temporary staff at OLAF for another four years and the remuneration which he has received since May 2011 (taking account of his pension rights and his normal career progression);

compensate the applicant for the material harm suffered by him on account of the loss of a chance of obtaining a contract for an indefinite term, fixed on equitable principles and provisionally at EUR 250 000;

grant the sum fixed on equitable principles and provisionally at EUR 10 000 in respect of the non-material harm suffered;

order the Commission to pay all the costs.