CELEX: C1997/054/63
Language: en
Date: 1997-02-22 00:00:00
Title: Removal from the register of T-27/96

No C 54/38          EN                  Official Journal of the European Communities                                    22 . 2 . 97
The applicant claims that, according to the case-law, the                   Removal from the register of T-27/96 (')
installation allowance provided for in Article 5 ( 1 ) and ( 2 )                               ( 97/C 54/63 )
of Annex VII to the Staff Regulations is in the nature of a
fixed allowance; that means that from the moment when                            (Language of the case: French)
an official shows, following a change in his place of
posting, that he has established himself in a new residence
he is entitled to the amount of the allowance without
                                                                   By order of 5 December 1996, the President of the First
                                                                   Chamber of the Court of First Instance of the European
having to prove that expenses were actually incurred or
the amount of those expenses . He considers that the               Communities ordered the removal from the register of
contested decision infringes that provision in that it finds
                                                                   Case T-27/96 : Boubeker Maayouchi v. Commission of the
                                                                   European Communities .
that he has not proved that expenses were actually
incurred upon his installation in Belgium. He contests,
                                                                   O OJ No C 133 , 4 . 5 . 1996 .
moreover, the alleged 'presumption of the absence of
expenses' which, according to the Commission, follows
from the mere fact that the flat which he occupied belongs
to his family, and states that such a presumption is not
laid down in any legislation and is discriminatory.
In the applicant's view, the defendant has abused its                       Removal from the register of T-88/96 (')
power and disregarded Article 110 of the Staff                                                 ( 97/C 54/64 )
Regulations in so far as, in order to justify the need for
proof of expenses, it refers to an 'agreement' on the                            (Language of the case: French)
interpretation of provisions concerning the award of the
installation allowance, which is apparently a general
provision for giving effect to the Staff Regulations and           By order of 16 January 1997, the President of the Second
adopted by the Commission in regard to this question .             Chamber of the Court of First Instance of the European
Such a rule constitutes a restriction of the rights flowing        Communities ordered the removal from the register of
                                                                   Case T-88/96 :    Gisele       Lienard v.  Commission of the
from Article 5 of Annex VII and was adopted without
                                                                   European Communities.
observing the procedure laid down in that regard.
                                                                   (') OJ No C 233 , 10 . 8 . 1996 .