11.9.2010

EN

Official Journal of the European Union

C 246/41

(Case F-46/10)

()

2010/C 246/72

Language of the case: French

Parties

Applicant: AD (Brussels, Belgium) (represented by: E. Boigelot, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision not to grant the applicant the household allowance

Form of order sought

—Annul the decision taken by the Office for Administration and Payment of Individual Entitlements (PMO) on 13 November 2009 not to allocate to the applicant the household allowance provided for in Article 1(2) of Annex VII to the Staff Regulations;

—In any event, annul the decision taken by the PMO on 9 September 2009 not to allocate to the applicant the household allowance provided for in Article 1(2) of Annex VII to the Staff Regulations in so far as that ‘decision’ may be considered to adversely affect him;

—In the alternative, should the Tribunal take the view that Article 1(2) of Annex VII to the Staff Regulations permitted the authority authorised to conclude contracts (AACC) to refuse to allocate to the applicant the household allowance although it is impossible for the couple of which he is part to marry because their sexual orientation is rendered illegal by the national law to which his partner is subject, acknowledge that Article 1(2)(c)(iv) of Annex VII to the Staff Regulations is unlawful in so far as it provides for a reference to the law of one of the Member States in assessing the possibility of access to marriage and, consequently, not apply that condition in the present case;

—Order the European Commission to pay the costs.