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Valentina R., lawyer
(Officials – Education allowance – Criteria for granting – Primary schooling – Nursery school)
Full text in French II - 0000
Application: for annulment of the decision of the Council refusing to grant the applicant the education allowance for her daughter for the nursery school years 1999/2000 and 2000/01 and only granting that allowance on an exceptional basis for the nursery school year 2001/02, and a claim for compensation seeking payment of default interest on the sums corresponding to those allowances and damages for the non-pecuniary damage suffered as a result of that decision.
Held: The application is dismissed. The parties are ordered to bear their own costs.
(Staff Regulations, Art. 91(1))
(Staff Regulations, Annex VII, Art. 3)
Granting the education allowance to an official on an exceptional basis does not constitute a decision which restricts the rights of that official at present. Only if the exceptional nature of the decision were put forward subsequently as a ground for refusing to grant the allowance would the decision adversely affect the official concerned.
(see para. 16)
See: 204/85 Stroghili v Court of Auditors [1987] ECR 389, paras 6 and 11
However, in the absence of any criteria in the Staff Regulations to define that concept, reference should be made to the type of schooling provided, as defined by the national authorities.
(see paras 28-29)
See: T‑10/90 et T‑31/90 Boessen v ESC [1991] ECR II‑1365, paras 30 to 34
(see para. 45)
See: 264/83 Delhez v Commission [1986] ECR 2749, paras 20 and 23