Opinion of the Advocate General — ECLI:EU:C:2018:217
Date: 2018-03-22
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases

Summary — Judgment of the Court (Seventh Chamber), 30 May 2018 1. Officials — Remuneration — Family allowances — Education allowance — Education costs — Concept — Contributions paid to non-profit associations for the participation of children in a specific programme and non-subsidised education — Not included (Staff Regulations, Annex VII, Art. 3(1)) 2. Officials — Equal treatment — Limits — Advantage unlawfully granted 1. The concept of ‘education costs’ is an autonomous concept of EU law. In order to interpret that concept, its wording and the objectives pursued by the legislation must be taken into account in particular. The wording of Article 3(1) of Annex VII to the Staff Regulations states clearly that the costs incurred must enable attendance at an establishment which charges fees. The objective of adopting that provision is to ensure that the education allowance is more closely aligned on the actual expenditure incurred by officials. Thus, interpreted in the light of Article 3(1) of Annex VII to the Staff Regulations, Article 3 of the General Implementing Provisions on granting the education allowance, adopted by the Parliament, provides that the education allowance is to cover registration and attendance fees at educational establishments which charge fees and transport costs, excluding all other costs. Having regard to the autonomous nature of the concept of ‘education costs’, the characterisation as that concept depends on the nature and constituent elements of the expenditure to be reimbursed. The contributions made to the non-profit associations concerned cannot be classified as ‘education costs’. Those contributions constitute costs arising from requirements and activities connected with the specific programme and non-subsidised education provided by the schools in question, and must be regarded as ‘other expenses connected with following the curriculum of the educational establishment attended’ for the purposes of the second paragraph of Article 3 of the General Implementing Provisions on granting the education allowance. (see paras 17-20, 24) 2. See the text of the decision. (see para. 39)