30.7.2011   

EN

Official Journal of the European Union

C 226/31

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Annul the decision of the Council, published on 21 May 2010 by Staff Note No 82/10, not to include the applicant in the list of officials promoted from grade AST 8 to grade AST 9 under the 2010 promotion procedure;

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As a consequence of that annulment, undertake a fresh comparative examination of the merits of the applicant and of the other candidates for the 2010 promotion procedure and promote the applicant as a supernumerary to grade AST 9 with retroactive effect to 1 January 2010, with payment of interest on the arrears of remuneration at the rate fixed by the European Central Bank for main re-financing operations, with effect from 1 January 2010, increased by two percentage points, without, however, calling into question the promotion of the other officials promoted;

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In the alternative, if the Tribunal were to consider that the applicant’s promotion to grade AST 9 cannot be made retroactively as a supernumerary, annul not only the decision not to include the applicant in the list of officials promoted from grade AST 8 to grade AST 9 under the 2010 promotion procedure but also the promotion decisions which led to the establishment of the list of officials promoted to grade AST 9, published on 21 May 2010;

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In the further alternative, if the Tribunal were to consider that annulment of the promotion decisions sought in the alternative constituted an excessive penalty for the unlawfulness found, order the Council to pay compensation covering the damage to the applicant’s career caused by the delay in promotion between 1 January 2010 and the date on which promotion is granted;

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Order the Council to pay the applicant the sum of EUR 3 500 as compensation for the non-material damage suffered by reason of his not being promoted on 1 January 2010, the right to increase that sum during the proceedings being reserved;

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Order the Council to pay the costs.