CELEX: 62020TN0619
Language: en
Date: 2020-10-05 00:00:00
Title: Case T-619/20: Action brought on 5 October 2020 — FJ and Others v EEAS

14.12.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 433/60
            
         
      Action brought on 5 October 2020 — FJ and Others v EEAS
      (Case T-619/20)
      (2020/C 433/74)
      Language of the case: French
      
         Parties
      
      
         Applicants: FJ and five other applicants (represented by: J.-N. Louis, lawyer)
      
         Defendant: European External Action Service
      
         Form of order sought
      
      The applicants claim that the General Court should:
      
                  —
               
               
                  annul the applicants’ pay slips for the month of December 2019 in so far as they apply, for the first time, correction coefficients, which were prescribed with retroactive effect from 1 April and 1 July 2019;
               
            
                  —
               
               
                  order the Commission to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicants rely on pleas in law, alleging infringement of Articles 64 and 65 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’), infringement of the principle of equal treatment in terms of equivalence of purchasing power, and manifest error of assessment.
      The applicants claim that, in order to set the correction coefficient applicable to the salary of the applicants posted outside the European Union, EUROSTAT should collect data specific to their place of employment, in accordance with the rules for application of Articles 64 and 65 of the Staff Regulations, as laid down in Annex XI thereto.
      They also argue that the coefficients, which were laid down in the context of an international collaboration agreement between EUROSTAT, the OECD and the UN, fell from January 2018 to January 2019 from 239,7 to 94,0 whereas, for that same period, the coefficients applied to the salaries of UN personnel were increased to take account of inflation. In 2017, the Congolese franc (CDF) underwent a sharp devaluation as against the dollar (USD) and the euro, which, coupled with substantial inflation, resulted in a significant increase in prices in USD, according to the analysis of the IMF.
      The applicants take the view that the defendant has not explained how the coefficients applied take account of those essential elements.