CELEX: C2005/205/49
Language: en
Date: 2005-08-20 00:00:00
Title: Case T-224/05: Action brought on 10 June 2005 by Olivier Chassagne against the Commission of the European Communities

20.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/27
            
         Action brought on 10 June 2005 by Olivier Chassagne against the Commission of the European Communities
   (Case T-224/05)
   (2005/C 205/49)
   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 10 June 2005 by Olivier Chassagne, residing in Brussels, represented by Stéphane Rodrigues and Yola Minatchy, lawyers.
   The applicant claims that the Court should:
   
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               declare unlawful, and therefore inapplicable to the applicant, Article 8 of Annex VII to the new Staff Regulations of Officials of the European Communities;
            
         
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               award the applicant EUR one (1) by way of compensation for the non-pecuniary damage sustained and the sum of EUR seven thousand three hundred and seventy two (7 372) by way of compensation for the financial damage sustained;
            
         
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               order the defendant to pay all of the costs.
            
         Pleas in law and main arguments
   The applicant, an official of the Commission, is originally from the island of La Réunion, a French overseas department. He brought the present action following the rejection of a complaint which he had lodged against his payslip for August 2004, containing reimbursement of his annual travelling expenses.
   In support of his action, the applicant claims that Article 8 of Annex VII to the Staff Regulations, relating to reimbursement of officials' annual travelling expenses to their place of origin, is unlawful. He contends that that provision is contrary to Community law in that it gives rise to unequal treatment connected with the place of origin of officials and also to discrimination contrary to Articles 12 EC and 299 EC as against officials originating from French overseas departments, and also as regards nationality, the fact of belonging to a language minority, ethnic origin or race.
   The applicant also claims that that provision infringes other general principles of Community law, such as the obligation to state reasons and the principles of proportionality, transparency and sound administration, and also the principle of legitimate expectations and legal certainty.