8.12.2014

Official Journal of the European Union

C 439/28

Action brought on 12 May 2014 — Arvanitis and Others v European Parliament and Others

(Case T-350/14)

(2014/C 439/38)

Language of the case: Greek

Parties

Applicants: Athanasios Arvanitis (Rhodes, Greece) and 47 other applicants (represented by: K. Papadimitriou, lawyer)

Defendants: European Parliament, European Council, Council of the European Union, European Commission, European Central Bank, Eurogroup

Form of order sought

The applicants claim that the General Court should:

—

declare that the defendants failed to legislate so that the general principles of EU law, and in particular the directive on fixed-term work, apply fully upon their dismissal from the former Olimpiaki Aeroporia that was imposed by decision of the European Commission and incorporated into Greek law by Law No 3717/2008;

—

grant the applicants and all the dismissed employees of the former Olimpiaki Aeroporia by a directly applicable Community measure, directive, regulation or other Community legislative act the ability to receive the compensation to which they would have been entitled as permanent employees upon their compulsory dismissal/departure from Olimpiaki Aeroporia;

—

grant compensation of EUR 3 00 000 by a directly applicable Community measure, directive, regulation or other Community legislative act to each of the applicants for the hardship and distress that they have suffered, the gross breach of their fundamental rights and the premature cessation of their working life.

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

First plea: Law No 3717/2008, which provided for the closure of Olimpiaki Aeroporia and the dismissal of all its temporary employees, is a purely Community measure that in essence was imposed by the institutions of the European Union, in particular the ECB and the European Commission, and all the legislative measures of the Greek Government were adopted on the recommendation and, to be more precise, after decision of the Eurogroup, ECOFIN, the ECB and the European Commission.

Second plea: the failure to equate the dismissed temporary employees/workers of the former Olimpiaki Aeroporia with the other, permanent, employees of Olimpiaki Aeroporia and the failure to compensate them expressly on their departure from that company has caused them direct, personal and serious harm and denied them enjoyment of their fundamental rights.