Judgment — ECLI:EU:T:2003:239
Date: 2003-09-18
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Act adversely affecting the official;Refund of expenses;Individual decisions
Procedure: Staff cases - unfounded

SUMMARY - CASE T-221/02 
Summary 
1. Officials - Actions - Act adversely affecting an official - Definition - Change 
in the calculation of annual travel expenses as a result of changes in the routes and 
fares offered by the railway companies - No decision - Inadmissible - Salary slip 
showing the amended calculation of annual travel expenses on the basis of a given 
route - Admissibility 
(Staff Regulations, Arts 90 and 91; Annex VII, Arts 7(2) and 8(2), first subpara.) 
2. Officials - Reimbursement of expenses - Annual travel expenses - Basis of 
calculation - Shortest and most economical standard route by rail - Definition 
(Staff Regulations, Annex VII, Arts 7(2) and 8(2)) 
3. Officials - Reimbursement of expenses - Annual travel expenses - Change in 
the route used as the basis of calculation - Obligation to hear the officials 
concerned - None 
(Staff Regulations, Annex VII, Arts 7(2) and 8(2)) 
4. Officials - Decision adversely affecting an official - Obligation to state reasons 
- Salary slip showing a change in the calculation of travel expenses resulting from 
a change in the routes and/or fares offered - None - Obligation to state reasons 
at the stage when the complaint is rejected 
(Staff Regulations, Art. 25; Annex VII, Arts 7(2) and 8(2)) 
1. As annual travel expenses are calculated, pursuant to the first indent of 
Article 7(2) and the first subparagraph of Article 8(2) of Annex VII to the Staff 
Regulations, on the basis of a ticket for the shortest and most economical standard 
route by rail between the place of employment and the place of origin, a change in 
the calculation of annual travel expenses on the basis of changes to the routes and 
fares offered by the railway companies is the result not of a decision of the 
Community institution to change the method or procedure for calculating travel 
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expenses, but of the direct application of the relevant provisions of the Staff 
Regulations. An action against such a change is therefore inadmissible. 
However, a salary slip showing the travel expenses calculated under Article 8(1) of 
Annex VII to the Staff Regulations on the basis of a specified route constitutes an 
act adversely affecting an official within the meaning of Article 90(2) of the Staff 
Regulations and may be the subject of a complaint and an action. 
(see paras 21-22, 24. 27) 
See: 262/80 Andersen and Others v Parliament [1984] ECR 195, para. 4; 264/83 Délhez 
and Others v Commission [1985) ECR 2179, para. 20: T-64192 Chavance de Dalmassy 
and Others v Commission [1994] ECR-SC I-A-227 and II-723, para. 20; T-7/94 
Adriaenssensand Others v Commission (1997) ECR-SC I-A-1 and II-1. para. 29 
2. Annual travel expenses are to be calculated, as provided for in Article 8(2) of 
Annex VII to the Staff Regulations, by reference to the rules set out in the first 
indent of Article 7(2) of Annex VII, in other words on the basis of the shortest and 
most economical standard route by rail. In that context, a route which is included 
in the official fare table of the railway company at the place of employment of the 
officials concerned must be regarded as a standard route. Payment corresponding 
to the fare set for that route is a payment 'based on the cost of a ... ticket by rail' 
within the meaning of the first subparagraph of Article 8(2) of Annex VII to the 
Staff Regulations, even if the route includes a sea crossing. 
(see panis 39. 41-43) 
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SUMMARY - CASE T-221/02 
3. Since the administration is required, when determining the amount to which 
officials are entitled by way of annual travel expenses, to calculate flat-rate travel 
expenses on the basis of a ticket for the shortest and most economical standard route 
by rail between the place of employment and the place of origin, a change in the 
routes and/or fares offered by the railway company at the place where the officials 
concerned are employed will directly result in a change in the travel expenses 
calculated. In view of the automatic way in which travel expenses are calculated, 
there is no obligation to hear the officials concerned before determining, on their 
salary slips, the amount of their travel expenses on the basis of the new route. 
(see paras 55-56) 
4. The administration is not required to state reasons for the salary slips of its 
officials in so far as it is applying measures of general application, such as the 
method for calculating flat-rate annual travel expenses provided for in Article 8(2) 
of Annex VII to the Staff Regulations, without having any discretion in that regard. 
However, if officials consider that those salary slips adversely affect them and 
decide to lodge a complaint, the decision rejecting the complaint must contain a 
statement of reasons, the statement of reasons for the decision being deemed to be 
the same as the statement of reasons for the salary slips against which the complaint 
was directed. 
(see para. 62) 
See: T-158/98 Bareyt and Others v Commission [2000] ECR-SC I-A-235 and II-1085, 
para. 78 
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