Notice for the OJ

 

Action brought on 13 September 2004 by Luc Verheyden against the Commission of the European Communities

(Case T-368/04)

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 13 September 2004 by Luc Verheyden, residing at Angera (Italy), represented by Eric Boigelot, avocat.

The applicant claims that the Court should:

annul the decisions taken by the applicant's superior on 4 February 2004, 24 February 2004 and 27 February 2004;

annul the appointing authority's decision answering the complaint (R/159/04) of 1 June 2004, received on 14 June 2004;

annul any decision which may be taken during the proceedings;

order the defendant to pay the compensation for 30 days of annual leave not used up or paid, pursuant to the second paragraph of Article 4 of Annex V to the Staff Regulations of Officials, together with interest at 5.25% from the date of this action;

order payment of damages for non-material damage and detriment to his career, assessed ex æquo et bono at € 12 500, subject to any increase or reduction during the course of the proceedings;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant challenges the decision not to allow him to carry over his days of leave to 2004. In support of his application, he pleads infringement of Articles 24 and 57 of the Staff Regulations, infringement of Article 4 of Annex V to the Staff Regulations laying down the detailed rules for the granting of leave and disregard of the principles of proper administration, equal treatment and protection of legitimate expectations, and a manifest error of assessment.

____________