This document is an excerpt from the EUR-Lex website
Document 62016TO0522
Order of the General Court (Eighth Chamber) of 29 November 2021.
Huynh Duong Vi Nguyen v Council of the European Union.
Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law.
Case T-522/16.
Order of the General Court (Eighth Chamber) of 29 November 2021.
Huynh Duong Vi Nguyen v Council of the European Union.
Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law.
Case T-522/16.
Court reports – general
ECLI identifier: ECLI:EU:T:2021:857
Order of the General Court (Eighth Chamber) of 29 November 2021 –
Nguyen v Council
(Case T‑522/16)
(Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law)
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1. |
Officials – Staff Regulations – Regulation amending the Staff Regulations – Procedure for adoption – Possibility of individual participation of officials – None (Staff Regulations of Officials, Arts 10 and 10b) (see paras 43, 44) |
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Officials – Staff Regulations – Regulation amending the Staff Regulations – Procedure for adoption – Application of the concertation procedure – Refusal of the Parliament to participate in the said procedure – Infringement of the right to information and worker consultation – None (Charter of Fundamental Rights of the European Union, Art. 27; Staff Regulations of Officials, Art. 10b) (see paras 45-50) |
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Officials – Reimbursement of expenses – Annual travel expenses and travelling time – Conditions and procedures – Amendment of the Staff Regulations to link the right to travelling time and reimbursement of travel expenses to expatriate status – Breach of the principles of scope, legal certainty, respect for acquired rights and protection of legitimate expectations – None (Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7, and Annex VII, Arts 4 and 8) (see paras 56-68, 71-76) |
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Officials – Reimbursement of expenses – Annual travel expenses and travelling time – Conditions and procedures – Requirement for there to be a link between the grant of those entitlements and the expatriate status – Discrimination against staff with the nationality of their country of employment, but a different place of origin from their place of employment – None (Charter of Fundamental Rights of the European Union, Art. 20; Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7, and Annex VII, Arts 4, 7(4) and 8) (see paras 79-92) |
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Officials – Reimbursement of expenses – Annual travel expenses and travelling time – Conditions and procedures – Requirement for there to be a link between the grant of those entitlements and the expatriate status – Breach of principle of proportionality – None (Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7, and Annex VII, Arts 4 and 8) (see paras 95-101) |
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Officials – Reimbursement of expenses – Annual travel expenses and travelling time – Conditions and procedures – Requirement for there to be a link between the grant of those entitlements and the expatriate status – Breach of the right to respect for private and family life – None (Charter of Fundamental Rights of the European Union, Art. 7; Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7, and Annex VII, Arts 4 and 8(1)) (see paras 102-110) |
Re:
Application pursuant to Article 270 TFEU seeking, in substance, first, annulment of the decisions no longer to grant the applicant, as of 1 January 2014, travelling time and reimbursement of annual travel costs so that she may maintain a connection with her place of origin and, second, an order that the defendant pay damages in respect of the material and non-material harm that the applicant allegedly suffered.
Operative part
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The action is dismissed. |
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Ms Huynh Duong Vi Nguyen shall bear her own costs and pay those incurred by the Council of the European Union. |
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3. |
The European Parliament shall bear its own costs. |