Notice for the OJ

 

Action brought on 29 October 2004 by Elke Huober against the Council of the European Union

(Case T-438/04)

Language of the Case: French

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 29 October 2004 by Elke Huober, resident in Brussels, represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.

The applicant claims that the Court should:

-    annul the decision of the Council refusing to grant to the applicant the expatriation allowance and resulting rights, from her entry into service on 1 September 2003;

-    order the Council to pay the costs.

Pleas in law and main arguments

Before entering into the Council's service, the applicant worked in the information office of the Land Baden-Würtemberg in Brussels. In the present action she challenges the decision refusing to grant her the expatriation allowance.

In support of her action, the applicant pleads breach of Article 4(1)(a) of Annex VII to the Staff Regulations in that the Council did not consider that she was in circumstances arising from work done for another State. The applicant also pleads breach of the principle of equal treatment and of non-discrimination.

____________