Case C-10/06 P: Judgment of the Court (Fourth Chamber) of 29 November 2007 — Rafael de Bustamante Tello v Council of the European Union (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

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.