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Case T-338/16 P: Judgment of the General Court of 27 February 2018 — Zink v Commission (Appeal — Civil service — Officials — Remuneration — Expatriation allowance — No payment of the allowance for a number of years following an administrative error — Article 90(1) of the Staff Regulations — Reasonable period of time)

ECLI:EU:UNKNOWN:62016TA0338

62016TA0338

February 27, 2018
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Official Journal of the European Union

C 134/20

(Case T-338/16 P) (<a id="ntc1-C_2018134EN.01002001-E0001" href="#ntr1-C_2018134EN.01002001-E0001"> (<span class="super note-tag">1</span>)</a>)

((Appeal - Civil service - Officials - Remuneration - Expatriation allowance - No payment of the allowance for a number of years following an administrative error - Article 90(1) of the Staff Regulations - Reasonable period of time))

(2018/C 134/27)

Language of the case: French

Parties

Appellant: Richard Zink (Bamako, Mali) (represented by: N. de Montigny and J.-N. Louis, lawyers)

Other party to the proceedings: European Commission (represented by: T. Bohr and F. Simonetti, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 11 April 2016, Zink v Commission (F-77/15, EU:F:2016:74), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1.Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 11 April 2016, Zink v Commission (F-77/15);

2.Annuls the decision of 23 July 2014 of the Office for ‘Administration and Payment of Individual Entitlements’ (PMO) of the European Commission to the extent that, pursuant to that decision, the Commission had refused to pay Mr Richard Zink the expatriation allowance relating to the period between 1 September 2007 and 30 April 2009;

3.Dismisses, as to the remainder, the action brought before the Civil Service Tribunal, registered as Case F-77/15;

4.Orders the Commission to pay the costs of the proceedings on appeal and at first instance.

(<a id="ntr1-C_2018134EN.01002001-E0001" href="#ntc1-C_2018134EN.01002001-E0001">(<span class="super">1</span>)</a> OJ C 305, 22.8.2016).

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