Action brought on 23 October 2006 - Roodhuijzen v Commission

(Case F-122/06)

Language of the case: French

Parties

Applicant: Anton Pieter Roodhuijzen (Luxembourg, Luxembourg) (represented by: E. Boigelot, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the decision of the Appointing Authority of 28 February 2006, confirmed on 20 March 2006, not to recognise the applicant's partnership with Ms H as a non-marital partnership for the purposes of the sickness insurance scheme;

annul the decision of the Appointing Authority of 12 July 2006 rejecting the complaint brought by the applicant on 27 March 2006 under Number R/230/06;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official of Dutch nationality, requested that his partnership with Ms H, a cohabitation agreement drawn up before a notary and recognised under Dutch law, be taken into consideration in order that his partner could benefit from the Community sickness insurance scheme. The administration rejected the request, even after the applicant produced a certificate from his country's Embassy in Luxembourg, which stated that the contract in question does indeed confer the status of stable non-marital partners on the applicant and his companion.

In support of his action, the applicant relies on a plea of infringement of Article 72 of the Staff Regulations, of Article 1(2)(c)(i) of Annex VII thereof, and of Article 12 of the Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease. He also pleads a manifest error of assessment, breach of the obligation to give reasons and failure to observe general principles of law, in particular the principle of non-discrimination and equal treatment between officials.

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