Judgment — ECLI:EU:T:2019:422
Date: 2019-06-18
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Second Chamber) of 18 June 2019 – Quadri di Cardano v Commission (Case T‑828/17) (Civil service — Members of the contract staff — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — Recovery of overpayment — Article 85, first paragraph of the Staff Regulations — Patent payment irregularity) 1. Officials — Remuneration — Expatriation allowance — Conditions for granting — Performance of duties in the service of a State or an international organisation — Meaning — Requirement of a direct legal relationship between the applicant and the State or organisation — Performance of duties for an institution but as an employee of a temporary employment agency — Not included (Staff Regulations of Officials, Annex VII, Art. 4(1)(b)) (see paras 41, 42) 2. Officials — Recovery of undue payments — Conditions — Patent overpayment — Knowledge of the person concerned — Criteria — Administration’s negligence or error — Irrelevant (Staff Regulations of Officials, Art. 85, 1st para.) (see paras 44-49, 59, 61, 63, 64) Re: Action under Article 270 TFEU seeking annulment of the decision of the European Commission’s Office for the Administration and Payment of Individual Entitlements (PMO) of 28 February 2017 on the recovery of sums unduly paid to the applicant in respect of the expatriation allowance and annual travel expenses for the period of activity at the Executive Agency for Small and Medium-sized Enterprises (EASME), from 16 May 2016 to 15 July 2016, and, so far as necessary, of the salary slips ‘corrected’ further to that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Alessandro Quadri di Cardano to pay the costs.