CELEX: C2000/176/56
Language: en
Date: 2000-06-24 00:00:00
Title: Removal from the register of Case T-289/97

C 176/32                EN                  Official Journal of the European Communities                                    24.6.2000
The applicant claims that the Court should:                            were concluded in breach of the Code of Conduct governing
                                                                       the Commission’s relations with interim staff. It follows
— annul the Commission’s decision of 9 April 1999 refusing             that those contracts must be reclassified as contracts of
     to grant the applicant the expatriation allowance;                employment with the Commission of indeterminate duration.
— order the Commission to pay the expatriation allowance               In the alternative, the applicant maintains that the concept of
     to the applicant from 1 April 1999, together with default         work done for an international organisation within the
     interest at the rate of 8 % per annum;                            meaning of Article 4 of Annex VII to the Staff Regulations
                                                                       does not require the existence of a direct contractual link with
— order the Commission to pay all the costs.
                                                                       the Commission.
Pleas in law and main arguments
The applicant pleads, principally, infringement of Article 4 of
Annex VII to the Staff Regulations. He maintains that the work
done by him as a member of the Commission’s interim                           Removal from the register of Case T-289/97 (1)
staff must be regarded as work done for an international
organisation within the meaning of the final sentence of Article                               (2000/C 176/56)
4(1)(a) of Annex VII to the Staff Regulations. It is therefore
necessary, for the purposes of calculating the period for which
the applicant worked in the country of employment prior to                                (Language of the case: French)
taking up his duties, to disregard the periods during which he
worked on an interim basis. It follows that the applicant was          By order of 9 March 2000 B. Vesterdorf, sitting as a single
entitled to receive an expatriation allowance.                         Judge, has ordered the removal from the register of Case
                                                                       T-289/97: Peter Cain v Commission of the European Com-
In support of his claims, the applicant pleads, in particular, the     munities.
existence of numerous legal links between him and the
Commission. In addition, his contracts as an interim worker            (1) OJ C 26 of 24.1.1998.