Language of document :

Action brought on 11 April 2006 - Chassagne v Commission

(Case F-39/06)

Language of the case: French


Applicant(s): Olivier Chassagne (Brussels, Belgium) (represented by: S. Rodrigues and Y. Minatchy, avocats)

Defendant: Commission of the European Communities

Form of order sought

Declare illegal and therefore inapplicable to the applicant Article 8 of Annex VII of the new Staff Regulations of Officials of the European Communities;

Award the applicant damages for non-pecuniary loss in the symbolic sum of EUR 1 and for pecuniary loss in the sum of EUR 16 473.

Pleas in law and main arguments

The applicant, an Official of the Commission, is originally from Réunion, a French Overseas Department. He brought the present action following the dismissal of a complaint which he had made against his salary statement for July 2005 containing the reimbursement of his annual travel expenses.

In support of his action, the applicant alleges that Article 8 of Annex VII of the Staff Regulations, in the version in force since 1 May 2004 is illegal. He claims that that provision is contrary to Community law in that it entails differences in remuneration based on the place of origin of Officials as well as discrimination contrary to Articles 12 EC and 229 EC amongst others, and more generally on the basis of nationality, belonging to a linguistic minority, ethnic origin or race.

The applicant also claims that that provision infringes other general principles of Community law, such as the duty to state reasons and the principles of proportionality, transparency and sound administration, as well as of legitimate expectations and legal certainty.