Language of document :

Action brought on 9 October 2006 - Kerstens v Commission

(Case F-119/06)

Language of the case: French


Applicant: Petrus J. F. Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the decision of 8 December 2005 of the Board of the Office for Administration and Payment of Individual Entitlements (PMO) amending the PMO's organisation chart;

annul the express decision of the Appointing Authority of 6 July 2006 rejecting the applicant's complaint No R/167/06;

order the Commission to pay the applicant a sum assessed on equitable principles at EUR 5 000 as damages;

order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The applicant, formerly head of the 'Resources' Unit of the PMO, challenges the contested decision of 8 December 2005, which has the effect of reassigning him to a research position. He claims infringement of Article 7 of the Staff Regulations in that the reassignment decision in question is contrary to the interests of the service and does not respect the principle of assignment to an equivalent post. The applicant invokes in the second place infringement of the statutory provisions concerning disciplinary sanctions. Third, he alleges misuse of powers.