# C_2006096EN.01003601.xml

| 22.4.2006 | EN | Official Journal of the European Union | C 96/36 |
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22.4.2006

EN

Official Journal of the European Union

C 96/36

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Action brought on 5 January 2006 — Daniel André v Commission of the European Communities

(Case F-10/06)

(2006/C 96/56)

Language of the case: French

Parties

Applicant(s): Daniel André (Brussels, Belgium) (represented by: M. Jourdan, avocat)

Applicant(s):

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul the Commission decision of 6 October 2005 refusing to pay the applicant, in respect of a service rendered for and at the request of the Court of Justice on 12 and 13 January 2005, the flat-rate allowance laid down by Article 7 of the Agreement on working conditions and financial terms for contract conference interpreters recruited by the institutions of the European Union; |
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Annul the Commission decision of 6 October 2005 refusing to pay the applicant, in respect of a service rendered for and at the request of the Court of Justice on 12 and 13 January 2005, the flat-rate allowance laid down by Article 7 of the Agreement on working conditions and financial terms for contract conference interpreters recruited by the institutions of the European Union;

| — | Order the defendant to pay compensation for the loss suffered by the applicant as a result of the contested decision, namely to pay the sum of EUR 241.99 corresponding to the allowance which should have been paid, together with interest thereon from the date of request; |
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Order the defendant to pay compensation for the loss suffered by the applicant as a result of the contested decision, namely to pay the sum of EUR 241.99 corresponding to the allowance which should have been paid, together with interest thereon from the date of request;

| — | Order the defendant to pay the costs. |
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Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a contract conference interpreter, renders periodic services to various Interpretation services within the Community institutions. His services are supplied under contracts fixing the days and the place in which the interpretation is required. Those contracts are governed, as regards the financial aspects, by the Agreement on working conditions and financial terms for contract conference interpreters recruited by the institutions of the European Union.

In the present case, the applicant challenges the Commission decision refusing to pay him the flat-rate travel allowance laid down by Article 7 of that agreement and set out in detail in the ‘rules for implementing’ certain provisions of that agreement annexed thereto.

In his application, the applicant challenges the defendant's interpretation of those provisions according to which the business trip must cause a loss of earnings in order for the allowance in question to be paid. Furthermore, the Commission was wrong to find that, as the applicant had already worked for a Community institution on 10 and 11 January 2005, 12 January 2005 was not the first day of his contract.

The applicant claims that the text of the agreement does not, even impliedly, contain the additional conditions required by the defendant, which would wrongfully alter the scope of the agreement.

Lastly, the applicant submits that the fact of there being a succession of contracts with one or more Community institutions does not enable it to deny him the benefit of the allowance in question.

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