CELEX: 62005CJ0424
Appeal
Remuneration
Expatriation allowance
Condition laid down by Article 4(1)(a) of Annex VII to the Staff Regulations
Concept of ‘work done for another State’

Officials – Remuneration – Expatriation allowance – Conditions for granting
(Staff Regulations of Officials, Annex VII, Art. 4(1)(a))
The concept of ‘State’ for the purposes of the last sentence of the second indent of Article 4(1)(a) of Annex VII to the Staff
Regulations necessarily includes the permanent representation of a Member State to the European Union. Therefore, the members
of the staff of such a permanent representation, including its administrative and technical staff, must, since they are part
of the structures of that representation, be considered to be working for the Member State concerned and, consequently, to
be in a situation of ‘expatriation’ within the meaning of the above provision, regardless of the particular and specific functions
carried out within that body, since entitlement to the expatriation allowance is not conditional upon the existence of a direct
legal tie linking the person concerned and the State at issue. Such an interpretation is, moreover, consistent with the autonomy
enjoyed by the Member States in the internal organisation of their permanent representations. It is for each Member State
to determine which bodies will form part of its permanent representation and to identify the public interests which the various
bodies coexisting with the permanent representation must promote in relations with the Community institutions.