Action brought on 25 October 2007 - Kolountzios v Commission

(Case F-117/07)

Language of the case: French

Parties

Applicant: Kolountzios (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

annul the Commission's decision of 11 May 2007 rejecting the applicant's request for the calculation of his entitlement to pension rights acquired, before his entry into service, in drachmas with the Greek pension bodies TMSEDE and ELPP by applying the updated average rate of exchange fixed by the Commission to take account of the drachma's fluctuations during the period of contribution;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant, an official in step 4 of Grade AD 12, invokes three pleas in law, the first of which alleges the illegality of the General Provisions for Implementing Article 11(2) of Annex VIII to the Staff Regulations (and more particularly of Article 7(3)), and, if need be, the illegality of that provision of those regulations.

The second plea in law alleges breach of Article 3 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro (OJ 1997 L 162, p. 1).

The third plea in law alleges breach of the principles of legal certainty, equal treatment and non-discrimination.

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