Notice for the OJ

 

Action brought on 10 September 2002 by Hendrikus Boukes against the European Parliament

    (Case T-258/02)

    Language of the case: French

An action against the European Parliament was brought before the Court of First Instance of the European Communities on 10 September 2002 by Hendrikus Boukes, domiciled in Waldbredimus (Luxembourg), represented by Eric Boigelot, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

(annul the decision taken by the Secretary-General of the European Parliament, Julian Priestley, on 4 January 2002 dismissing the applicant's request of 4 October 2001 concerning the recognition of his marriage by the AIPN;

(annul the implied decision rejecting the applicant's complaint, brought in accordance with Article 90(2) of the Staff Regulations on 27 February 2002 and registered on 1 March 2002, to which the European Parliament has still not replied.

(in any event order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present case challenges the refusal by the AIPN to take account of the formalisation of his partnership, treated as a civil marriage under Netherlands law and which legally records and recognises the family life that he leads in the context of a stable relationship with his partner, for the purpose of having it treated in the same way as marriage under the Staff Regulations.

In support of the forms of order sought, the applicant claims:

(breach of Article F(1), and (2) of the Treaty on the European Union and Article 3(2) EC;

(breach of Article 1a(1) and the second paragraph of Article 27 of the Staff Regulations and the provisions of the Staff Regulations governing remuneration and reimbursement of expenses, allowances and pension scheme;

(breach of Articles 7, 9 and 21 of the Charter of Fundamental Rights of the European Union;

(breach of Articles 8, 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;

(Disregard of general principles of law, such as non-discrimination and equal treatment, equal pay for men and women, respect for private and family life, the principle that the civil status of Community nationals is to be governed by the legislation of their Member State, proper administration, the protection of legitimate expectations.

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