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Document 62016TJ0338

Judgment of the General Court (Appeal Chamber) of 27 February 2018.
Richard Zink v European 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.
Case T-338/16 P.

Court reports – general – 'Information on unpublished decisions' section

Judgment of the General Court (Appeal Chamber) of 27 February 2018 — Zink v Commission

(Case T‑338/16 P)

(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)

Actions brought by officials—Request within the meaning of Article 90(1) of the Staff Regulation—Request for compensation addressed to an institution—Duty to act within a reasonable time—Criteria for assessment

(Staff Regulations of Officials, Art. 90(1))

(see paras 29-31)

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

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.

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