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Document 62016TJ0516
Judgment of the General Court (Eighth Chamber) of 30 April 2019.
Maria Alvarez y Bejarano and Others v European Commission.
Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time.
Cases T-516/16 and T-536/16.
Judgment of the General Court (Eighth Chamber) of 30 April 2019.
Maria Alvarez y Bejarano and Others v European Commission.
Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time.
Cases T-516/16 and T-536/16.
Judgment of the General Court (Eighth Chamber) of 30 April 2019 — Alvarez y Bejarano and Others v Commission
(Cases T‑516/16 and T‑536/16)
(Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time)
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Judicial proceedings — Objection of inadmissibility — Power of the General Court to dismiss an action on the merits without ruling on the objection of inadmissibility — Extent of its discretion (Rules of Procedure of the General Court, Arts 126 and 130) (see para. 40) |
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Officials — Reimbursement of expenses — Annual travel expenses — Conditions and procedures — Discretion of the EU legislature — Judicial review — Limits (Staff Regulations of Officials, Annex VII, Art. 8) (see paras 50, 51, 66, 67, 107) |
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Officials — Reimbursement of expenses — Conditions and procedures — Reimbursement of annual travel expenses and travelling time — Requirement for there to be a link between the grant of those entitlements and the expatriate status — Discrimination against members of staff with dual nationality who are nationals of the Member State of employment and do not have such status — None (Staff Regulations of Officials, Annex V, Art. 7, and Annex VII, Art. 8, as amended by Regulation No 1023/2013) (see paras 65, 68-75) |
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Officials — Reimbursement of expenses — Reimbursement of annual travel expenses and travelling time — Reform of the Staff Regulations — Administration’s discretion — Observance of the principle of proportionality — Judicial review — Limits (Staff Regulations of Officials, Annex V, Art. 7, and Annex VII, Art. 8, as amended by Regulation No 1023/2013) (see paras 80-85) |
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Officials — Principles — Protection of legitimate expectations — Amendment of the rules concerning the reimbursement of annual travel expenses and travelling time — Infringement — None (Staff Regulations of Officials, Annex V, Art. 7, and Annex VII, Art. 8, as amended by Regulation No 1023/2013) (see paras 91, 92, 94) |
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Acts of the institutions — Temporal application — Immediate application of the new rule to the future effects of a situation which arose under the old rule — Adoption of Regulation No 1023/2013 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants — Infringement of acquired rights — None (Staff Regulations of Officials, Annex V, Art. 7, and Annex VII, Art. 8, as amended by Regulation No 1023/2013) (see paras 99-101) |
Re
Actions pursuant to Article 270 TFEU for annulment of the decisions no longer to allow the applicants, as of 1 January 2014, travelling time or reimbursement of annual travel expenses so that they may maintain a connection with their place of origin.
Operative part
The Court:
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Orders that Cases T‑516/16 and T‑536/16 be joined for the purposes of the judgment; |
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Dismisses the actions; |
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Orders Ms Maria Alvarez y Bejarano and the other officials and members of staff of the European Commission whose names appear in the annex to pay the costs; |
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Orders the Council of the European Union and the European Parliament each to bear their own costs. |