Notice for the OJ

 

Action brought on 13 February 2004 by Sonja Hosman-Chevalier against Commission of the European Communities

(Case T-72/04)

(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 February 2004 by Sonja Hosman-Chevalier, residing in Brussels, represented by Ramón García-Gallardo Gil-Fournier and Ellen Wouters, lawyers.

The applicant claims that the Court should:

Declare the Commission's decision void;

Order the Commission to pay the costs.

Pleas in law and main arguments

The applicant disputes the decision of the Commission to refuse to pay her the expatriation allowance under Article 4 of Annex VII to the Staff Regulations on the ground that her professional activities in Brussels could not be considered to be work done for another Member State.

In support of her application, the applicant submits that the Commission has committed an error in its assessment of the facts and of her position in fact. According to the applicant, her habitual residence and the centre of her interests were in Austria.

The applicant submits further that the Commission made an error of law in taking the view that the applicant worked in the interest and service of the Verbindungstelle der Bundesländer and of the office of the Österreichischer Gewerkschaftsbund and did not carry out work for a Member State. The applicant submits that that view reveals a misunderstanding of the structure of the Austrian State.

Finally, she submits that there was a breach of the principle of equal treatment in that other officials in the same position received the expatriation allowance.

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