Judgment — ECLI:EU:F:2007:164
Date: 2007-09-25
Language of the case: Italian
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Foreign residence allowance;Admissibility and examination of applications, forms of order sought and pleas in law;Personal file
Procedure: Staff cases

Summary 1. Procedure – Defence in disputes between the Communities and their staff 2. Officials – Personal file (Staff Regulations, Art. 26) 3. Officials – Remuneration – Expatriation allowance – Conditions for granting (Staff Regulations, Annex VII, Art. 4(1)(b)) 1. The rule of consistency between the prior administrative complaint and the action does not apply only to applicants. There is no rule or principle preventing defendant institutions from putting forward, in the defence, additional arguments to those on which they based their position in the pre-litigation phase and, consequently, from attaching to that defence documents providing proof in support of those arguments. (see para. 38) 2. The administrative purpose of a document placed in an official’s personal file on his own initiative is not confined solely to the uses which the official considers appropriate. (see para. 39) 3. Article 4(1)(b) of Annex VII to the Staff Regulations must be interpreted as meaning that the reference period referred to in that provision expires, when an official is reassigned, on the date when he initially entered the service of the Communities. (see para. 71) See: T-90/92 Magdalena Fernández v Commission [1993] ECR II‑971, para. 32