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Case C-675/20 P: Appeal brought on 11 December 2020 by Colin Brown against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 5 October 2020 in Case T-18/19, Brown v Commission
ECLI:EU:UNKNOWN:62020CN0675
62020CN0675
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22.3.2021
Official Journal of the European Union
C 98/6
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(Case C-675/20 P)
(2021/C 98/07)
Language of the case: English
Parties
Appellant: Colin Brown (represented by: I. Van Damme, advocaat)
Other parties to the proceedings: European Commission and Council of the European Union
Form of order sought
The appellant claims that the Court should:
—set aside the judgment under the appeal not to annul the contested decision (1);
—conclude, on the basis of the complete record before it, that the contested decision should be annulled and order that the appellant’s entitlement to the expatriation allowance and travel expenses should be restored with effect from 1 December 2017 and that the allowances which were not paid between 1 December 2017 and the date of re-establishment of the appellant’s entitlement be paid to the appellant with interest; and
—order the Commission to pay the costs incurred by the appellant before the Court and the General Court.
Pleas in law and main arguments
First plea in law, alleging that the General Court erred in interpreting Article 4(1)(a) of Annex VII to the Staff Regulations as to permit or require the removal of an official’s entitlement to an expatriation allowance on account of his obtaining the nationality of his place of employment, absent a change in the place of employment of the official.
Second plea in law, alleging that the application of Article 4(1)(b) of Annex VII to the Staff Regulations to the appellant by the General Court in its judgment, and the Commission in the contested decision, gives rise to unjustified discrimination.
Decision of 19 March 2018 of the Office for the Administration and Payment of Individual Entitlements withdrawing the appellant’s entitlement to the expatriation allowance and the payment of travel expenses with effect from 1 December 2017.
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