Information;Judgment — ECLI:EU:T:2020:490
Date: 2020-10-15
Language of the case: English
Court formation: Eighth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d)) (see para. 25) 3. Officials – Remuneration – Expatriation allowance – Purpose – Conditions for granting – No habitual residence or main occupation in the Member State of employment during the reference period – Concept of habitual residence – Sporadic, brief absence from that State – Circumstance having no effect on the habitual character of the residence (Staff Regulations of Officials, Annex VII, Art. 4(1)(a)) (see paras 50, 51, 53, 66, 70, 71, 78, 84) 4. Officials – Remuneration – Expatriation allowance – Conditions for granting – Work done for another State or an international organisation – Meaning – Work done as part of a diplomatic mission by the husband of the official in question – Not included (Staff Regulations of Officials, Annex VII, Art. 4(1)(a)) (see paras 52, 57-61) 5. Officials – Remuneration – Expatriation allowance – Conditions for granting – Burden of proof on the official (Staff Regulations of Officials, Annex VII, Art. 4(1)) (see paras 54, 86) 6. Officials – Reimbursement of expenses – Installation allowance – Daily subsistence allowance – Conditions for granting – Actual change of residence – Concept of residence – Official’s centre of interest (Staff Regulations of Officials, Annex VII, Arts 5 and 10) (see paras 96, 97) Re: Application based on Article 270 TFEU seeking annulment of the Commission decision of 14 June 2018 refusing the applicant entitlement to the expatriation allowance, the daily subsistence allowance, the installation allowance and to reimbursement of travel costs upon taking up duties and of removal expenses. Operative part The Court: 1. Dismisses the action; 2. Orders Ms Marina Karpeta-Kovalyova to pay the costs.