Judgment — ECLI:EU:T:2001:127
Date: 2001-05-02
Language of the case: French
Court formation: Single Judge
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Refund of expenses
Procedure: Staff cases - unfounded

SUMMARY — CASE T-104/00 
Summary 
1. Officials - Reimbursement of expenses — Installation allowance — Allowance 
at the full rate — Entitlement to the equivalent of a second month's basic salary for 
an official entitled to the household allowance - Conditions of grant - Change in 
place of residence of the official's family, arising directly from the official's 
obligation to reside in the place where he is employed 
(Staff Regulations, Art. 20, Annex VII, Art. 5(1) and (2)) 
2. Officials - Reimbursement of expenses - Daily subsistence allowance -
Purpose 
(Staff Regulations, Annex VII, Art. 10(1)) 
1. The entitlement to the equivalent of a second month's basic salary, provided for 
by way of the installation allowance by the first subparagraph of Article 5(1) of 
Annex VII to the Staff Regulations, in the case of an official who is entitled to the 
household allowance simply reflects the taking into account of the expenses imposed 
on the family of the official appointed or transferred to a new place of employment 
by the change in place of residence which he is obliged to make in order to comply 
with the residence requirement laid down by Article 20 of the Staff Regulations. 
For entitlement to that increase to be recognised, the change in the family's place 
of residence must therefore be a direct result of the official's obligation to reside in 
the place where he is employed. 
(see paras 25-27) 
I-A - 100 
CUBETA v COMMISSION 
2. The purpose of the daily subsistence allowance is to compensate for the expenses 
and inconvenience resulting from the fact that a servant of the Communities is 
obliged, by reason of the precarious nature of his employment relationship with his 
institution, to move and to establish a provisional residence in the place where he 
is employed while maintaining, also on a provisional basis, his previous residence 
in a place where he has his centre of interests. 
(see para. 38) 
See: C-43/94 P Parliament v Vienne [1995] ECR I-2441, para. 21 
I-A - 101