Case T-299/02: Judgment of the Court of First Instance of  25 October 2005  — Dedeu i Fontcuberta 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)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European official, action for annulment (EU), equal treatment, regulations for civil servants

24.12.2005

EN

Official Journal of the European Union

C 330/17

Application for

Annulment of the Commission's decision of 27 March 2002
refusing to grant the applicant entitlement to the expatriation
allowance provided for in 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 action;

2. orders the parties to bear their own costs.

(1) OJ C 219, 14.9.2002

Judgment of the Court of First Instance of 25 October
2005 — Herrero Romeu v Commission

(Case T-298/02) (1)

(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 330/42)

Language of the case: Spanish

Parties

Applicant(s): Anna Herrero Romeu (Brussels, Belgium) (repre-
sented by: J. García-Gallardo Gil-Fournier, J. Guillem Carrau, D.
Domínguez Pérez and A. Sayagués Torres, lawyers)

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

Application for

annulment of the Commission's decision of 10 June 2002
refusing 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 application;

2) Orders the parties to bear their own costs.

(1) OJ C 289, 23.11.2002.

Judgment of the Court of First Instance of 25 October
2005 — Dedeu i Fontcuberta v Commission

(Case T-299/02) (1)

(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)

(2005/C 330/43)

Language of the case: Spanish

Parties

Applicant(s): Carles Dedeu i Fontcuberta (Brussels, Belgium)
(represented by:
J. Guillem
Carrau, D. Domínguez Pérez and A. Sayagués Torres, lawyers)

J. García-Gallardo Gil-Fournier,

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

Application for

annulment of the Commission's implied decision, rejecting the
applicant's complaint of 23 September 2002, and its express
decision to that effect of 14 November 2002, 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) Annuls the Commission's memorandum of 25 February 2002
and the Commission's decision of 14 November 2002 in so far
as they refuse to pay the applicant the expatriation allowance
under Article 4(1)(a) of Annex VII to the Staff Regulations of
Officials of the European Communities and the daily subsistence
allowance under Article 5(1) of that annex;

2) Dismisses the remainder of the application;

3) Orders the Commission to pay the full costs.

(1) OJ C 289 of 23.11.2002.