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Case T-123/23: Judgment of the General Court of 5 June 2024 – VA v Commission (Civil service – Officials – Remuneration – Family allowances – Dependent child allowance – Education allowance – Decisions to terminate certain allowances – Conditions for granting – Concept of end of education – Equal treatment – Principle of sound administration – Recovery of undue payment – First paragraph of Article 85 of the Staff Regulations – Responsibility)
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Official Journal of the European Union
C series
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C/2024/4470
22.7.2024
(Case T-123/23)
(Civil service - Officials - Remuneration - Family allowances - Dependent child allowance - Education allowance - Decisions to terminate certain allowances - Conditions for granting - Concept of ‘end of education’ - Equal treatment - Principle of sound administration - Recovery of undue payment - First paragraph of Article 85 of the Staff Regulations - Responsibility)
(C/2024/4470)
Language of the case: French
Parties
Applicant: VA (represented by: N. de Montigny, lawyer)
Defendant: European Commission (represented by: T. Bohr and M. Brauhoff, acting as Agents)
Re:
By his action based on Article 270 TFEU, the applicant seeks, first, annulment of the decisions of the Office for the Administration and Payment of Individual Entitlements (PMO) of the European Commission of 11 May 2022 removing his entitlement to receive, with effect from 1 July 2021, dependent child and education allowances and the tax abatement relating to the dependent child allowance, and of 13 June 2022 announcing the recovery, pursuant to Article 85 of the Staff Regulations of Officials of the European Union, of those financial entitlements and, second, compensation for the harm which he claims to have suffered as a result.
Operative part of the judgment
The Court:
1.Orders that the decisions of the Office for the Administration and Payment of Individual Entitlements (PMO) of the European Commission of 11 May 2022 removing the entitlement of VA to receive, with effect from 1 July 2021, dependent child and education allowances and the tax abatement relating to those allowances, and of 13 June 2022 announcing the recovery, pursuant to Article 85 of the Staff Regulations of Officials of the European Union, of those financial entitlements are annulled in so far as they concern those entitlements for the month of July 2021;
2.Dismisses the action as to the remainder;
3.Orders the Commission to bear its own costs and to pay those incurred by VA.
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Language of the case: French.
ELI: http://data.europa.eu/eli/C/2024/4470/oj
ISSN 1977-091X (electronic edition)
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