Action brought on 27 March 2013 – ZZ v Commission

(Case F-28/13)

Language of the case: French

Parties

Applicant: ZZ (represented by: E. Boigelot, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions making several deductions from the applicant’s salary for June, July, August, September and October 2012.

Form of order sought

annul the note of 6 July 2012 by which the PMO informs the applicant of its decision to follow the recommendation of the European Anti-fraud Office (OLAF) of 30 March 2012 and states that: (i) it has recovered EUR 5 530 from the applicant’s salary for June 2012 (unduly paid allowances), (ii) it will deduct EUR 3 822.80 from the applicant’s salary for July 2012 (interest on late payments in respect of the unduly paid amounts), and (iii) it will deduct EUR 2 372 (repayment of medical expenses) and EUR 699.20 (interest on late payments) from the applicant’s salary for August 2012;

annul the deductions from the applicant’s salary made in June, August, September and October 2012 and, where necessary, in any other month in response to the implementation of the contested decision;

annul the note of 10 July 2012 requesting the deduction of a total sum of EUR 3 071.20 from the applicant’s salary for August 2012 by means of a single transaction, or if the amount is too high to be deducted in a single instalment, in accordance with a schedule of repayment over several months;

annul the note of 20 July 2012 notifying the applicant that his unit was not able to encode, in respect of his salary for July, the recovery of the sum of EUR 3 822.80 corresponding to interest on late payments, and that that amount will be recovered in its entirety from his salary for October 2012, following repayments made in August and September 2012;

annul in part the decision adopted on 17 December 2012, notified on the same date, in so far as it rejects the applicant’s complaint relating to the disputed daily subsistence allowances and penalties for delay;

order the Commission to pay default interest from June 2012, on EUR 5 530, August 2012 on an initial amount of EUR 1 535.60, September 2012 on an additional amount of EUR 1 535.60 and October 2012 on EUR 3 822.80, and until the time when those amounts have been repaid, taking into account the sum of EUR 3 071.20 repaid with the salary for January 2013, as the default interest is no longer payable as from that repayment;

order the Commission to pay the costs.