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Case F-77/15: Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Zink v Commission (Civil Service — Officials — Expatriation allowance — Administrative error meaning that no expatriation allowance was paid for a number of years — Adversely affecting act — Salary statements not reflecting a decision — Article 82 of the Rules of Procedure — Absolute bar to proceedings — Irregularity of the pre-litigation procedure — Application within the meaning of Article 90(1) of the Staff Regulations — Reasonable time)
ECLI:EU:UNKNOWN:62015FA0077
62015FA0077
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30.5.2016
Official Journal of the European Union
C 191/49
(Case F-77/15)( (<span class="super">1</span>))
((Civil Service - Officials - Expatriation allowance - Administrative error meaning that no expatriation allowance was paid for a number of years - Adversely affecting act - Salary statements not reflecting a decision - Article 82 of the Rules of Procedure - Absolute bar to proceedings - Irregularity of the pre-litigation procedure - Application within the meaning of Article 90(1) of the Staff Regulations - Reasonable time))
(2016/C 191/70)
Language of the case: French
Parties
Applicant: Richard Zink (Bamako, Mali) (represented by: J.-N. Louis and N. de Montigny, lawyers)
Defendant: European Commission (represented by: T.S. Bohr and F. Simonetti, acting as Agents)
Re:
Annulment of the decision to limit the retroactive payment of the expatriation allowance to a period of five years from the date on which the failure to pay that allowance was discovered and an order against the defendant to pay default interest.
Operative part of the judgment
The Tribunal:
1.Dismisses the action;
2.Orders Mr Richard Zink to bear his own costs and to pay the costs incurred by the European Commission.
(<span class="super">1</span>) OJ C 245, 27.7.2015, p. 51.