Case C-8/06 P: Judgment of the Court (Fourth Chamber) of 29 November 2007 — Anna Herrero Romeu v Commission of the European Communities (Appeals — Officials — Remuneration — Expatriation allowance — Condition laid down by Article 4(1)(a), second indent, of Annex VII to the Staff Regulations — Concept of work done for another State )
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European official, General Court (EU), allowances and expenses, appeal, regulations for civil servants

26.1.2008

EN

Official Journal of the European Union

C 22/5

Operative part of the judgment

The Court

the expatriation allowance under Article 4(1)(a) of Annex VII to
the Staff Regulations of Officials of the European Communities
and the allowances associated therewith

1. Declares that, by applying the transitional provisions or ‘established
rights’, which permit psychotherapists to obtain authorisation or
admission to practise independently of the applicable rules of the
statutory sickness insurance scheme, solely to psychotherapists who
have practised in a region of Germany under the German statutory
sickness insurance schemes and by failing to take account of
comparable
by
professional
psychotherapists in other Member States, the Federal Republic of
Germany has failed to fulfil its obligations under Article 43 EC;

performed

activity

similar

or

Operative part of the judgment

The Court

1. Dismisses the appeal;

2. Orders Ms Salvador García to pay the costs.

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 60, 11.3.2003.

(1) OJ C 86, 8.4.2006.

Judgment of the Court (Fourth Chamber) of 29 November
2007 — Beatriz Salvador García, v Commission of the
European Communities

(Case C-7/06 P) (1)

(Appeals — Officials — Remuneration — Expatriation allow-
ance — Condition laid down by Article 4(1)(a), second indent,
of Annex VII to the Staff Regulations — Concept of ‘work
done for another State’)

(2008/C 22/08)

Language of the case: Spanish

Parties

Appellants: Beatriz Salvador García, (represented by R. García-
Gallardo Gil-Fournier, D. Dominguez Peréz, A. Sayagués Torres,
abogados)

Other party to the proceedings: Commission of
Communities (represented by:
Gisbert, J. Rivas and M. Canal, abogados)

J. Currall, Agent,

the European
J. Gutierrez

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 25 October 2005 Salvador García v Commission
(T-205/02), dismissing an action for annulment of the Commis-
sion's decision of 27 March 2002 refusing to pay the applicant

Judgment of the Court (Fourth Chamber) of 29 November
the
2007 — Anna Herrero Romeu v Commission of

European Communities

(Case C-8/06 P) (1)

(Appeals — Officials — Remuneration — Expatriation allow-
ance — Condition laid down by Article 4(1)(a), second indent,
of Annex VII to the Staff Regulations — Concept of ‘work
done for another State’)

(2008/C 22/09)

Language of the case: Spanish

Parties

Appellant: Anna Herrero Romeu (represented by: J.-R. García-
Gallardo Gil-Fournier, D. Domínguez Peréz, A. Sayagéus Torres,
abogados)

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Currall, Agent, J. Rivas Andrés
and M. Canal, abogados)

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 25 October 2005 Herrero Romeu v Commission
(T-298/02), dismissing an action for annulment of the Commis-
sion's decision of 10 June 2002 refusing 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 allowances associated therewith

C 22/6

EN

Official Journal of the European Union

26.1.2008

Operative part of the judgment

2. Orders Mr Salazar Brier to pay the costs.

The Court:

1. Dismisses the appeal;

2. Orders Ms Herrero Romeu to pay the costs.

(1) OJ C 60, 11.3.2006.

(1) OJ C 60 11.3.2006.

Judgment of the Court (Fourth Chamber) of 29 November
2007 — Rafael de Bustamante Tello v Council of the
European Union

(Case C-10/06 P) (1)

Judgment of the Court (Fourth Chamber) of 29 November
the
2007 — Tomás Salazar Brier v Commission of

European Communities

(Case C-9/06 P) (1)

(Appeals — Officials — Remuneration — Expatriation allow-
ance — Condition laid down by Article 4(1)(a), second indent,
of Annex VII to the Staff Regulations — Concept of ‘work
done for another State’)

(Appeals — Officials — Remuneration — Expatriation allow-
ance — Condition laid down by Article 4(1)(a), second indent,
of Annex VII to the Staff Regulations — Concept of ‘work
done for another State’)

(2008/C 22/11)

Language of the case: Spanish

(2008/C 22/10)

Language of the case: Spanish

Parties

Referring court

Commission of the European Communities

Parties to the main proceedings

Applicant: Tomás Salazar Brier
(represented by R. García-
Gallardo Gil-Fournier, D. Domínguez Pérez and A. Sayagués
Torres, abogados)

Other party to the proceedings: Commission of
the European
Communities, (represented by J. Currall, acting as Agent, assisted
by J. Gutiérrez Gisbert, J. Rivas Andrés and M. Canal, abogado)

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 25 October 2005 Salazar Brier v Commission of
the European Communities (T-83/03), dismissing an action for
annulment of the Commission's decision of 28 July 2003 impli-
edly refusing the applicant's complaint of 24 February 2003
and its express refusal, on 24 March 2003, 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 allowances associated therewith

Operative part of the judgment

1. Dismisses the appeal;

Appellant: Rafael de Bustamante Tello (represented by: R. García-
Gallardo Gil-Fournier, D. Domínguez Pérez and A. Sayagués
Torres, abogados)

Other party to the proceedings: Council of the European Union
(represented by: M. Simm and D. Canga Fano, Agents)

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 25 October 2005 Bustamante Tello v Council
(T-368/03), dismissing an action for annulment of the Council's
decision of 28 July 2003 refusing to pay the applicant the expa-
triation allowance under Article 4(1)(a) 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 appeal;

2. Orders Mr de Bustamante Tello to pay the costs.

(1) OJ C 60, 11.3.2006.