Language of document :

Action brought on 18 June 2007 - Martin Bermejo v Commission

(Case F-60/07)

Language of the case: French

Parties

Applicant: Joaquin Martin Bermejo (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

declare the unlawfulness of the Commission decision of 28 April 2004 adopting the new General Implementing Provisions of Article 11 and 12 of Annex VIII to the Staff Regulations and, to the extent that it is necessary, the unlawfulness of those provisions of the Staff Regulations;

annul the Commission decision of 27 September 2006 inasmuch as it fixes the calculation of credited pension rights transferred by the applicant to the Community pension scheme;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant pleads the unlawfulness of the General Implementing Provisions of Article 11 and 12 of Annex VIII to the Staff Regulations on the transfer of pension rights, 1 inasmuch as the rule set out in Article 7(3) thereof infringes Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro 2 and the principle of equal treatment, as interpreted by the Civil Service Tribunal in its judgment of 14 November 2006 in Case F-100/05 Chatziioannidou v Commission (not yet published).

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1 - Administrative Notice No 60-2004 of 9 June 2004.

2 - OJ 1997 L 162, p. 1.