# C_2005155EN.01002601.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 155/26 |
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25.6.2005

EN

Official Journal of the European Union

C 155/26

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Action brought on 18 April 2005 by Robert Steinmetz against the Commission of the European Communities

(Case T-155/05)

(2005/C 155/51)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 18 April 2005 by Robert Steinmetz, residing in Luxembourg, represented by Joëlle Choucroun, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

| 1. | annul the Commission's decision dated 10 January 2005 in reply to the applicant's complaints R/376/04 of 29 April 2004 and R/857/04 of 20 August 2004; |
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1.

annul the Commission's decision dated 10 January 2005 in reply to the applicant's complaints R/376/04 of 29 April 2004 and R/857/04 of 20 August 2004;

| 2. | order the Commission to repay EUR 26.19 to the applicant; |
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2.

order the Commission to repay EUR 26.19 to the applicant;

| 3. | award the applicant token compensation of one euro for the non-material damage suffered as a result of the contested decision; |
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3.

award the applicant token compensation of one euro for the non-material damage suffered as a result of the contested decision;

| 4. | order the Commission to pay the entire costs of the proceedings. |
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4.

order the Commission to pay the entire costs of the proceedings.

Pleas in law and main arguments

The applicant in the present case objects to the rejection by the Appointing Authority of his claim for settlement of mission expenses and for repayment of EUR 26.19 unduly deducted from his salary of March 2005. In that context, he also objects to the refusal to grant his request for assistance, submitted under Article 24 of the Staff Regulations.

It is recalled in that regard that, on 29 July 2003, the applicant participated in Brussels in the proceedings of a competition selection board of which he was chairman. He travelled in a hire vehicle placed at his disposal by the Commission. On his return to Luxembourg, he filled up with fuel and it is specifically an alleged error on the sales receipt, in respect of the time printed on that receipt, which has given rise to the present action.

In support of his claims, the applicant alleges:

| — | infringement of Articles 24, 62, 64 and 71 of the Staff Regulations, of Article 11 of Annex VII to the Staff Regulations and of the provisions of the ‘Guide to missions’ (Commission Decision of 23 March 2003) and of the ‘Guide à destination des liquidateurs des missions’ (Guide for officials reponsible for calculating and settling mission expenses) of March 2003; |
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infringement of Articles 24, 62, 64 and 71 of the Staff Regulations, of Article 11 of Annex VII to the Staff Regulations and of the provisions of the ‘Guide to missions’ (Commission Decision of 23 March 2003) and of the ‘Guide à destination des liquidateurs des missions’ (Guide for officials reponsible for calculating and settling mission expenses) of March 2003;

| — | breach of the principle of the protection of legitimate expectations; |
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breach of the principle of the protection of legitimate expectations;

| — | the existence in this case of manifest errors of assessment. |
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the existence in this case of manifest errors of assessment.

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