Order — ECLI:EU:T:2019:425
Date: 2019-06-17
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Order of the General Court (First Chamber) of 17 June 2019 – BS v Parliament (Case T‑593/18) (Civil Service — Officials — Notice of modification of pension entitlements — Dependent child allowance — Education allowance — Child suffering from an infirmity preventing him from earning a livelihood — Actual maintenance of the child — Article 2 of Annex VII to the Staff Regulations — Recovery of overpayments — Right to good administration — Action for annulment) 1. Officials — Remuneration — Family allowances — Dependent child allowance — Conditions for granting — Actual maintenance — Meaning — Burden of proof (Staff Regulations of Officials, Art. 67(1) and Annex VII, Art. 2(2)) (see paras 32-34, 38, 39, 47, 49, 54) 2. Officials — Remuneration — Family allowances — Education allowance — Conditions for granting (Staff Regulations of Officials, Art. 67 and Annex VII, Arts 2(2) and 3(1)) (see paras 68-72) 3. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)(a)) (see paras 76, 77) 4. Officials — Decision adversely affecting an official — Obligation to state reasons — Decision taken in a context known to the addressee Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Staff Regulations of Officials, Art. 25, second para.) (see paras 78-82, 87, 88) Re: Application under Article 270 TFEU for annulment, first, of the notice of modification of the Applicant’s pension entitlements of 10 August 2017 issued by the Parliament and, secondly, ‘so far as necessary’ of the decision to recover the purported overpayment of EUR 1 589.16 in respect of the months of September, October and November 2017 and of EUR 4 815.16, as shown on the pension slip for December 2017. Operative part 1. The action is dismissed. 2. BS shall bear his own costs and pay those incurred by the European Parliament.