Action brought on 24 August 2006 - Lohiniva v Commission

(Case F-98/06)

Language of the case: Finnish

Parties

Applicant: Risto Lohiniva (Brussels, Belgium) (represented by: V. Teperi, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the decision of the Appointing Authority of 30 May 2006 rejecting the complaint brought by the applicant;

decide that the applicant continues to have the right to transfer to Finland 35% of his net salary, an amount which is adjusted by the transfer coefficient for that country, from 16 January 2006;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant was transferring to Finland, his country of origin, a part of his salary, as multiplied by a coefficient, in accordance with Article 17 of Annex VII to the old Staff Regulations. In the context of a programme of exchange of officials between the Commission and the Member States, he was transferred to Finland during the years 2004 and 2005. During this period, the Commission paid him all of his salary in Finland, increased by the application of the transfer coefficient. In January 2006, upon his return to Brussels, the applicant was refused the right to resume the transfer to Finland of the part of his salary that he had been transferring before his move. In that regard, the administration pointed out that the abovementioned provision had been amended following the entry into force of the new Staff Regulations, and that the applicant did not satisfy the condition laid down in Article 17(2)(a) of Annex XIII to the Staff Regulations for the preservation of that benefit.

In his application, the applicant submits that, since he benefited from the transfer both during the time of his posting to Finland and before, his case falls within the circumstances envisaged by Article 17(2)(a) of Annex XIII to the Staff Regulations.

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