Notice for the OJ

 

Action brought on 4 November 2003 by Rafael de Bustamante Tello against the Council of the European Union

    

    (Case T-368/03)

    Language of the case: Spanish

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 4 November 2003 by Rafael de Bustamante Tello, residing in Brussels (Belgium), represented by D. Ramón García-Gallardo and M. Dolores Domínguez Pérez, lawyers.

The applicant claims that the Court should:

(annul the Council decision of 28 July 2003 which dismisses the claim of 14 April 2003 in that it does not recognise the right to receive an expatration allowance and, accordingly, other related allowances;

(order the defendant to pay the full costs.

Pleas in law and main arguments:

The applicant in the present case challenges the failure of the appointing authority to recognise the right to an expatriation allowance and other related allowances (Article 4 of Annex VII to the Staff Regulations).

In support of his claims, the applicant alleges:

(    a combination of an error in law and a manifest error of assessment of the facts, inasmuch as the contested decision does not consider the work carried out by him for the Delegation of the Autonomous Community of Murcia in Brussels "work done for [a] State", in the sense recognised in the Staff Regulations as an exception to the reference period. In the alternative, he claims that the Council wrongly concluded in the contested decision that the applicant's centre of interest and habitual residence were in Brussels and not in Murcia;

(    infringement of the principle of equal treatment, in that the appointing authority discriminated between essentially identical personal situations.

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