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C series
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(Civil service - Members of the contract staff - Remuneration - Expatriation allowance - Refusal to grant the expatriation allowance - Calculation of the five-year reference period - Article 4(1)(a) of Annex VII to the Staff Regulations - Liability)
(C/2025/1428)
Language of the case: French
Applicant: AH (represented by: A. Guillerme, T. Bontinck and L. Bouchet, lawyers)
Defendant: European Commission (represented by: T. Bohr and L. Hohenecker, acting as Agents)
By his action under Article 270 TFEU, the applicant seeks, first, the annulment of the decision of the ‘Office for the Administration and Payment of Individual Entitlements’ (PMO) of the European Commission of 9 February 2023 refusing to grant him entitlement to the expatriation allowance, secondly, the ‘recognition’ of his right to receive the expatriation allowance with effect from 1 February 2023 and, thirdly, compensation for the non-material damage he allegedly suffered as a result of the contested decision.
The Court:
1.Annuls the decision of the ‘Office for the Administration and Payment of Individual Entitlements’ (PMO) of the European Commission of 9 February 2023 refusing to grant AH entitlement to the expatriation allowance;
2.Orders that AH be entitled to receive the expatriation allowance provided for by Article 4 of Annex VII to the Staff Regulations of Officials of the European Union with effect from 1 February 2023;
3.Dismisses the action as to the remainder;
4.Orders the Commission to pay the costs.
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(1) OJ C C/2024/754, 22.1.2024.
ELI: http://data.europa.eu/eli/C/2025/1428/oj
ISSN 1977-091X (electronic edition)
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