Official Journal of the European Union

C 92/38

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(Case T-58/08 P)

(2008/C 92/77)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by J. Currall and D. Martin, acting as Agents)

Other party to the proceedings: Anton Pieter Roodhuijzen (Luxembourg, Grand Duchy of Luxembourg)

Form of order sought by the appellant

—Annul the judgment of the Civil Service Tribunal of 27 November 2007 in Case F-122/06 Roodhuijzen v Commission;

—dismiss the action brought by Mr Roodhuijzen;

—order that each party shall bear its own costs of the present appeal and of the action before the Court of First Instance.

Pleas in law and main arguments

By the present appeal, the Commission seeks annulment of the judgment of the Civil Service Tribunal of 27 November 2007 in Case F-122/06 Roodhuijzen v Commission, which annuls the decision of the Commission refusing to recognise the non-marital partnership of the applicant as regards the Joint Sickness Insurance Scheme of the European Communities.

In support of its appeal, the Commission raises three pleas in law seeking annulment.

By its first plea, the Commission submits that the CST ruled ultra vires in breach of Article 1(2) of Annex VII to the Staff Regulations and in breach of the principle of non-discrimination, in that it rejected the appellant's argument relating thereto and substituted its own without, however, permitting the Commission to respond thereto, accordingly failing to respect the rights of the defence.

The second plea alleges an error of law in the interpretation of the notion of ‘partnership’ as contained in Article 1(2) of Annex VII to the Staff Regulations, entitling the partner of an official to be covered by the Joint Sickness Insurance Scheme.

The third plea, raised in the alternative, alleges incorrect interpretation of the principle of non-discrimination.

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