Action brought on 8 February 2007 - Botos v Commission

(Case F-10/07)

Language of the case: French

Parties

Applicant: Patricia Botos (Meise, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the decision adopted by the Appointing Authority on 30 October 2006, by which it dismissed the complaint brought by the applicant on 24 April 2006 against the six following administrative decisions: (i) decision adopted on 23 January 2006 by the Office for the Administration and Payment of Individual Entitlements; (ii) decision adopted on 23 January 2006 by the Head of the Brussels Payment Office of the Joint sickness insurance scheme; (iii) decision adopted on 9 February 2006 by the Office for the Administration and Payment of Individual Entitlements; (iv) decision adopted on 9 February 2006 by the Head of the Brussels Payment Office of the Joint sickness insurance scheme; (v) decision adopted on 20 February 2006 by the Head of the Brussels Payment Office of the Joint sickness insurance scheme; (vi) breakdown of the reimbursement of the medical expenses drawn up by the Brussels Payment Office of the Joint sickness insurance scheme, dated 23 February 2006;

in so far as necessary, annul also the six aforementioned decisions;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant puts forward a sole plea in law in support of her action, alleging infringement of Article 72 of the Staff Regulations and a manifest error of assessment. She maintains that, by the contested decisions, the Appointing Authority incorrectly refused to recognise that the "chronic fatigue syndrome" of which she suffers is a serious illness for the purposes of the aforementioned article and, consequently, to reimburse the expenses relating to laboratory tests and medication relating to that illness. A number of documents, including an in-depth medical study, demonstrate the seriousness of the illness in question and the need to provide 100% reimbursement, without limitation or restriction, for the costs of medication and tests which the applicant declares she needed.

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