Action brought on 17 July 2007 - Birkhoff v Commission

(Case F-76/07)

Language of the case: German


Applicant: Gerhard Birkhoff (Weitnau, Germany) (represented by: K. Hösgen, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul the Appointing Authority's decision of 18 April 2007 concerning the applicant's complaint (No R/16/07);

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a retired official of the European Communities, has a dependent daughter who needs a wheelchair on account of her paraplegia. The applicant submits that the wheelchair can no longer be used since it has broken due to wear. The applicant sought reimbursement of the cost of a new wheelchair, which the Commission refused.

The applicant asserts that its rights under Articles 72 and 110 of the Staff Regulations of the European Communities, read in conjunction with Section XII(F)(4) of Annex I to the Joint Rules on sickness insurance for officials of the European Communities, were infringed.