Action brought on 14 November 2005 — Eerola v Commission

(Case T-410/05)

(2006/C 48/68)

Language of the case: French

Parties

Applicant: Iiro Eerola (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant, of Finnish nationality, was appointed an official of the Commission on 1 October 2004. The Commission refused to grant him the expatriation allowance, considering that during the reference period, from 1 January 1999 to 31 December 2004, the applicant was living in Belgium.

The applicant contests that decision, claiming that the period from 1 April 2003 to 31 December 2003, during which he worked in Brussels as scientific advisor at the Academy of Finland, should not be taken into account since the Academy does not have a distinct legal personality but is part of the Finnish State. On that basis, the applicant pleads infringement of the first paragraph of Article 4 of Annex VII to the Staff Regulations, and an error of law.