Case T-83/03: Judgment of the Court of First Instance of  25 October 2005  — Salazar Brier v Commission (Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State — Meaning of habitual residence — Statement of grounds — Principle of equal treatment)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, indemnification, regulations for civil servants

C 330/18

EN

Official Journal of the European Union

24.12.2005

Judgment of the Court of First Instance of 18 October
2005 — Regione Siciliana v Commission

Judgment of the Court of First Instance of 25 October
2005 — Salazar Brier v Commission

(Case T-60/03) (1)

(Case T-83/03) (1)

(Action for annulment — Admissibility — Fourth paragraph
of Article 230 EC — Natural or legal persons — Act of
direct concern to them — European Regional Development
Fund (ERDF) — Commission's decision cancelling and
requiring repayment of financial assistance — Article 24 of
Regulation (EEC) No 4253/88 — Manifest error of assess-
ment)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State — Meaning of habitual resi-
dence — Statement of grounds — Principle of equal treat-
ment)

(2005/C 330/44)

Language of the case: Italian

(2005/C 330/45)

Language of the case: Spanish

Parties

Parties

Applicant(s): Regione Siciliana (originally represented by G.
Aiello, and subsequently by A. Cingolo, avvocati dello Stato)

Defendant(s): Commission of the European Communities (repre-
sented by: E. de March and L. Flynn, acting as Agents)

Application for

(repre-
Applicant(s): Tomás Salazar Brier (Brussels, Belgium)
sented by: J. García-Gallardo Gil-Fournier, D. Domínguez Pérez
and A. Sayagués Torres, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by J. Rivas Andrés and J.
Gutiérrez Gisbert, lawyers)

the

Italian

Republic

annulment of Commission decision C (2002) 4905 of 11
December 2002 relating to the cancellation of the aid granted
to
Commission Decision
C (87) 2090 026 of 17 December 1987 concerning the provi-
sion of assistance by the European Regional Development Fund
as infrastructure investment, for a sum no less than 15 million,
in Italy (region: Sicily), and to the recovery of the advance on
that assistance made by the Commission

by

Application for

annulment of the Commission's implied decision, rejecting the
applicant's complaint of 24 February 2003, and its express
decision to that effect of 24 March 2003, which refuse to pay
the applicant the expatriation allowance under Article 4 of
Annex VII to the Staff Regulations of Officials of the European
Communities and the allowances associated therewith

Operative part of the judgment

The Court:

1) Dismisses the objection of inadmissibility;

2) Dismisses the action as unfounded;

Operative part of the judgment

The Court:

1) Dismisses the application;

3) Orders the applicant to bear its own costs and half of the costs
incurred by the Commission, and orders the Commission to bear
half its own costs.

2) Orders the parties to bear their own costs.

(1) OJ C 101, 26.4.2003.

(1) OJ C 101 of 26.4.2003.