CELEX: 62003TJ0188
Officials
Education allowance
Criteria for granting
Primary schooling
Nursery school

1.
Officials – Actions – Act adversely affecting an official – Definition – Grant of the education allowance on an exceptional
basis – Precluded
(Staff Regulations, Art. 91(1))
2.
Officials – Remuneration – Family allowances – Education allowance – Conditions for granting – Attendance at a primary educational
establishment – Definition of ‘primary schooling’
(Staff Regulations, Annex VII, Art. 3)
3.
Officials – Remuneration – Entitlement to default interest – Conditions
1.     According to Article 91(1) of the Staff Regulations, only actions directed against an act adversely affecting the applicant
are admissible, and only acts which are likely directly and immediately to affect the applicant’s legal situation adversely
affect him.
Granting the education allowance to an official on an exceptional basis does not constitute a decision which restricts the
rights of that official at present. Only if the exceptional nature of the decision were put forward subsequently as a ground
for refusing to grant the allowance would the decision adversely affect the official concerned.
(see para. 16)
See: 204/85
Stroghili
v
Court of Auditors
[1987] ECR 389, paras 6 and 11
2.     As regards the definition of the concept of primary education provided for in Article 3 of Annex VII to the Staff Regulations,
the classification given in national law to the schooling provided by an educational establishment cannot constitute a decisive
factor for the purposes of that provision, even though it may be a relevant indication of the type of schooling provided.
However, in the absence of any criteria in the Staff Regulations to define that concept, reference should be made to the type
of schooling provided, as defined by the national authorities.
(see paras 28-29)
See: T‑10/90 et T‑31/90
Boessen
v
ESC
[1991] ECR II‑1365, paras 30 to 34
3.     An obligation to pay an official default interest together with his remuneration and incidentals can arise only where the
amount of the principal sum owed is certain or can at least be ascertained on the basis of established objective factors.
Furthermore, an obligation to pay default interest should be recognised where there was an unjustified delay in actually determining
the amount of the debt owed.
(see para. 45)
See: 264/83
Delhez
v
Commission
[1986] ECR 2749, paras 20 and 23