1.7.2006   

EN

Official Journal of the European Union

C 154/28


Action brought on 2 May 2006 — de Albuquerque v Commission

(Case F-55/06)

(2006/C 154/65)

Language of the case: French

Parties

Applicant: Augusto de Albuquerque (Brussels, Belgium) (represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul the decision of 23 September 2005 of the Director-General of DG INFSO to transfer the applicant in the interest of the service as head of unit INFSO.G.2 ‘Micro and nanosystems’;

annul the appointing authority's express decision of 2 February 2006 giving a negative response to the applicant's complain R/764/05;

order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The applicant, an official of the Commission transferred in the interest of the service to the post of head of unit INFSO.G.2 ‘Micro and nanosystems’, claims that that transfer is contrary to the interest of the service. He relies on a breach of Article 7 of the Staff Regulations and a manifest error of assessment of the concept of ‘interest of the service’, a misuse of powers and a breach of the principle of equal treatment.