Notice for the OJ

 

Action brought on 21 June 2004 by Monique Negenman against Commission of the European Communities

    (Case T-255/04)

    (Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 21 June 2004 by Monique Negenman, residing in Roosendaal (Netherlands), represented by L. Vogel, lawyer.

The applicant claims that the Court should:

1.    annul the decision adopted by the appointing authority on 8 March 2004 (and notified on 11 March 2004) rejecting the applicant 's complaint of 25 November 2003 against the administrative decisions of 23 October and 30 October 2004 fixing the dates of the beginning and end of the applicant 's maternity leave;

2.    order the defendant to pay compensation of EUR 10 000, with the express reservation that this amount may subsequently be increased, reduced or subject to further clarification;

3.    order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant in the present case maintains that the appointing authority incorrectly calculated the dates of the beginning and the end of her maternity leave.

In support of her claims, she alleges that there has been a breach of Article 58 of the Staff Regulations (as worded before 1 May 2004) and of the principle of legitimate expectations, laid down in particular in Article 35 of the Staff Regulations, in that the appointing authority fixed the dates of the beginning and the end of her maternity leave on the basis of the actual date of her confinement, whereas under Article 58 of the Staff Regulations maternity leave starts six weeks before the expected date of confinement as shown in a certificated produced by the official concerned.

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