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C 326/86 EN Official Journal of the European Union 30.12.


2) The applicant submits that the contested decision should be Pleas in law and main arguments
annulled because it breaches the principle of non-discrimina-
tion. First, she raises a plea of illegality of the second indent
of Article 4(1)(a) of Annex VII to the Staff Regulations. She The applicant, after having worked at the Commission for
argues that this provision unduly makes a difference several years as a member of temporary staff in Grade A5, then
between, on the one hand, officials who performed, in the A*11, was successful in open competition EPSO/A/18/04 to
same Member State in which they were recruited by a Euro- draw up a reserve list for administrators in career bracket A7/
pean institution, duties in the service of another State or of A6. As a result, he was appointed as an official in the same post
an international organisation and, on the other hand, offi- he had occupied as a member of the temporary staff and classi-
cials, such as the applicant, whose situations are also charac- fied in Grade A*6, step 2, in accordance with Annex XIII of the
terised by a lack of lasting ties with the Member State they Staff Regulations.
used to work in before being recruited by a European institu-
tion. Second, the applicant claims that the Commission
applied the abovementioned provision in a discriminatory In support of his action, the applicant invokes infringement of
manner, in so far as it did not take into account the personal Articles 31 and 62 of the Staff Regulations and Articles 5 and 2
circumstances of the applicant demonstrating that she had of Annex XIII to the Staff Regulations.
not intended to establish lasting ties in Belgium.
The applicant moreover submits infringement of the principle
of the protection of legitimate expectations, the principle of the
protection of acquired rights and the principle of equal treat-

Action brought on 13 November 2006 — Sotgia v


(Case F-130/06) Action brought on 24 November 2006 — Steinmetz v


(2006/C 326/173)
(Case F-131/06)

Language of the case: French (2006/C 326/174)

Language of the case: French


Applicant: Stefano Sotgia (Dublin, Ireland) (represented by: T. Applicant: Robert Steinmetz (Luxembourg, Luxembourg) (repre-
Bontinck and J. Feld, lawyers) sented by: J. Choucroun, lawyer)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought by the applicant

Form of order sought

— annul the Commission's decision of 21 February 2006 not
to give full effect to an agreement binding on the parties;
— annul the individual decision concerning a transfer from
— order the Commission to pay the applicant token compensa-
temporary staff status to official status taking effect on 16
tion of EUR 1 for the non-material damage suffered as a
April 2006, notified on 2 May 2006;
result of the contested decision;

— order the defendant to pay the costs. — order the defendant to pay the costs.