CELEX: C2005/330/43
Language: en
Date: 2005-12-24 00:00:00
Title: Case T-299/02: Judgment of the Court of First Instance of  25 October 2005  — Dedeu i Fontcuberta v Commission (Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State — Meaning of habitual residence)

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/17
            
         Judgment of the Court of First Instance of 25 October 2005 — Dedeu i Fontcuberta v Commission
   (Case T-299/02) (1)
   
   (Officials - Remuneration - Expatriation allowance - Article 4(1)(a) of Annex VII to the Staff Regulations - Work done for another State - Meaning of habitual residence)
   (2005/C 330/43)
   Language of the case: Spanish
   Parties
   
      Applicant(s): Carles Dedeu i Fontcuberta (Brussels, Belgium) (represented by: J. García-Gallardo Gil-Fournier, J. Guillem Carrau, D. Domínguez Pérez and A. Sayagués Torres, lawyers)
   
      Defendant(s): Commission of the European Communities (represented by: J. Currall, Agent, assisted by J. Rivas Andrés and J. Gutiérrez Gisbert, lawyers)
   Application for
   annulment of the Commission's implied decision, rejecting the applicant's complaint of 23 September 2002, and its express decision to that effect of 14 November 2002, which refuse to pay the applicant the expatriation allowance under Article 4 of Annex VII to the Staff Regulations of Officials of the European Communities and the allowances associated therewith
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Annuls the Commission's memorandum of 25 February 2002 and the Commission's decision of 14 November 2002 in so far as they refuse to pay the applicant the expatriation allowance under Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Communities and the daily subsistence allowance under Article 5(1) of that annex;
            
         
               2)
            
            
               Dismisses the remainder of the application;
            
         
               3)
            
            
               Orders the Commission to pay the full costs.
            
         
      (1)  OJ C 289 of 23.11.2002.