CELEX: 62017TA0283
Language: en
Date: 2018-12-12 00:00:00
Title: Case T-283/17: Judgment of the General Court of 12 December 2018 — SH v Commission (Civil service — Officials — Remuneration — Family allowances — Third paragraph of Article 2(2) of Annex VII to the Staff Regulations — Concept of ‘dependent child’ — Guardianship judgment based on the legislation of a third country concerning the protection of minors — Refusal to grant dependent child status to children under guardianship — Equal treatment — Right to education — Best interests of the child)

25.2.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/25
            
         
      Judgment of the General Court of 12 December 2018 — SH v Commission
      (Case T-283/17) (1)
      
      ((Civil service - Officials - Remuneration - Family allowances - Third paragraph of Article 2(2) of Annex VII to the Staff Regulations - Concept of ‘dependent child’ - Guardianship judgment based on the legislation of a third country concerning the protection of minors - Refusal to grant dependent child status to children under guardianship - Equal treatment - Right to education - Best interests of the child))
      (2019/C 72/32)
      Language of the case: French
      
         Parties
      
      
         Applicant: SH (represented by: N. de Montigny, lawyer)
      
         Defendant: European Commission (represented initially by M. Mensi, T. S. Bohr and A.-C. Simon, and subsequently by T. S. Bohr and G. Berscheid, acting as Agents)
      
         Interveners in support of the defendant: European Parliament (represented by: J. Steele and M. Windisch, acting as Agents); and Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)
      
         Re:
      
      Application based on Article 270 TFEU and seeking annulment of the decision of the Commission of 13 July 2016 by which the authority empowered to conclude contracts of employment refused to extend the payment of the dependent child allowance to the applicant and, in so far as necessary, annulment of the decision of that institution of 3 February 2017 rejecting the applicant’s complaint of 5 October 2016.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders SH to pay the costs;
               
            
                  3.
               
               
                  Orders the European Parliament and the Council of the European Union to bear their own costs.
               
            
         (1)  OJ C 231, 17.7.2017.