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set aside the judgment of the General Court (Fourth Chamber) of 20 December 2023 in Case T-369/22;

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annul the European Commission’s decision on the complaint of 25 March 2022;

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order the European Commission to continue to grant the tax abatement pursuant to the second subparagraph of Article 3(4) of Regulation (EEC, EURATOM, ECSC) No 260/68, (1) as set out in Conclusions 222/04 of the Heads of Administration, (2) with retroactive effect from 1 August 2021, as long as the conditions are met;

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order interest to be paid on the payments not made, pursuant to the Financial Regulation;

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order the defendant to pay the costs.

1.

The General Court misinterpreted the concept of ‘act affecting [the person concerned] adversely’ in Article 90(2) of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community; (3)

2.

The General Court infringed the appellant’s right to good administration under Article 41 of the Charter of Fundamental Rights because it failed to find that the European Commission had infringed the obligation to state reasons for decisions or that the European Commission had infringed the right to be heard before the adoption of a decision adversely affecting the person concerned;

3.

The General Court infringed the appellant’s right to receive the remuneration to which he was entitled by