5.12.2009   

EN

Official Journal of the European Union

C 297/36

Action brought on 14 September 2009 — Cusack-Gard'ner v Commission

(Case F-76/09)

2009/C 297/56

Language of the case: English

Parties

Applicant: Carolyn Cusack-Gard'ner (Wavre, Belgium) (represented by: J. Temple Lang, Solicitor)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Action for annulment of the decision of 22 June 2009 rejecting the applicant’s request to be able to benefit from a full reimbursement of the costs resulting from the treatment of her illness.

Form of order sought

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annul the decision of 22 June 2009 rejecting the applicant’s request;

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declare that Chapter 3 of Title II of the Commission Decision of 2 July 2007 laying down General Implementing Provisions for the reimbursement of medical expenses is inapplicable in accordance with Article 241 of the EC Treaty:

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insofar as it provides that the cost of providing ‘board and lodging’ for an essential living-in carer is not refundable, and,

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in so far as it imposes a limit on the amount of the repayment that may be made for the cost of an essential living-in care;

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order the defendant to pay the costs.