Case C-211/06 P: Judgment of the Court (Eighth Chamber) of 24 January 2008 — Herta Adam v Commission of the European Communities (Appeal — Officials — Remuneration — Expatriation allowance — Condition provided for by the second indent of Article 4(1)(a) of Annex VII to the Staff Regulations — Definition of work done for another State )
Date: 2008-01-24
Institutions: Court of Justice
Subjects: European Commission, European official, General Court (EU), action for annulment (EU), allowances and expenses, appeal, equal treatment, rights of civil servants

8.3.2008

EN

Official Journal of the European Union

C 64/7

Operative part of the judgment

The Court:

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Currall and L. Lozano Palacios,
Agents)

1) Declares that, by failing to repeal Decree-Law No 48 051 of
21 November 1967, making the award of damages to persons
injured by a breach of Community law relating to public contracts,
or the national laws implementing it, conditional on proof of fault
or fraud, the Portuguese Republic has failed to adopt the measures
necessary to comply with the judgment of 14 October 2004 in
Case C-275/03 Commission v Portugal and has thereby failed to
fulfil its obligations under Article 228(1) EC;

2) Orders the Portuguese Republic to pay to the Commission of the
‘European Community
into the account
European Communities,
own resources’, a penalty payment of EUR 19 392 for every day
of delay in implementing the measures necessary to comply with
the judgment in Case C-275/03 Commission v Portugal, from the
day on which the Court of Justice delivers judgment in the present
case until the day on which the judgment in Case C-275/03
Commission v Portugal is complied with;

3) Orders the Portuguese Republic to pay the costs.

(1) OJ C 86, 8.4.2006.

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 22 February 2006 in Case T-342/04 Herta Adam v
Commission dismissing an action seeking the annulment of the
Commission decision of 22 September 2003 refusing the appli-
cant the benefit of the expatriation allowance provided for by
Article 4 of Annex VII to the Staff Regulations of Officials of
the European Communities

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Adam to pay the costs.

(1) OJ C 165, 15.7.2006.

Judgment of the Court (Eighth Chamber) of 24 January 2008
the European
— Herta Adam v Commission of

Communities

(Case C-211/06 P) (1)

(Appeal — Officials — Remuneration — Expatriation allow-
ance — Condition provided for by the second indent of Article
4(1)(a) of Annex VII to the Staff Regulations — Definition of
‘work done for another State’)

(2008/C 64/08)

Language of the case: French

Judgment of the Court (Fourth Chamber) of 17 January
2008 (reference for a preliminary ruling from the Juzgado
de lo Social Único de Algeciras (Spain)) — Josefa Velasco
Navarro v Fondo de Garantía Salarial (Fogasa)

(Case C-246/06) (1)

(Social policy — Protection of workers in the event of insol-
vency of their employer — Directive 80/987/EEC amended by
Directive 2002/74/EC — Direct effect — Compensation for
unfair dismissal agreed under a judicial conciliation settlement
— Payment guaranteed by the guarantee institution —
Payment conditional upon the adoption of a judicial decision)

(2008/C 64/09)

Language of the case: Spanish

Parties

Appellant: Herta Adam (represented by: S. Orlandi and J.-N.
Louis, avocats)

Juzgado de lo Social Único de Algeciras

Referring court