Action brought on 24 June 2009 - Birkhoff v Commission

(Case F-60/09)

Language of the case: Italian

Parties

Applicant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant's request seeking the extension of the application of Article 2(5) of Annex VII of the Staff Regulations for the benefit of his daughter with effect from 1 January 2009 and an order that the Commission pay the sums due under that provision with effect from 1 January 2009.

Form of order sought

Declare to be unlawful and, accordingly, annul the decision of the appointing authority of 2 April 2009 in so far as it is unlawful and manifestly unfounded in fact and in law, and any subsequent act and/or decision taken prior to that decision, which is connected or consequential to it, and in particular the decision of 14 November 2008 issued by PMO4;

order the Commission to pay in full the sums not paid to the applicant since 1 January 2009, such sums to take account of indexation, together with interest;

order the defendant to pay the costs.

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