Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - GENERAL PROVISION TO BE IMPLEMENTED BY MEANS OF INDIVIDUAL DECISIONS - NON-APPLICATION TO A PARTICULAR CASE

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - CONCEPT

3 . OFFICIALS - REMUNERATION - FOREIGN RESIDENCE ALLOWANCE - CONDITIONS FOR GRANT - NATIONALITY SOLE CRITERION - BREACH OF THE PRINCIPLE OF EQUAL TREATMENT - NONE

( STAFF REGULATIONS , ANNEX VII , ART . 4 ( 2 ))

Summary

1 . SINCE ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS PROVIDES THAT ANY PERSON TO WHOM THE STAFF REGULATIONS APPLY MAY SUBMIT TO THE APPOINTING AUTHORITY A REQUEST THAT IT TAKE A DECISION RELATING TO HIM , IT IS THE EXPRESS OR IMPLIED DECISION REJECTING IT WHICH OPENS THE WAY TO A COMPLAINT THROUGH OFFICIAL CHANNELS UNDER ARTICLE 90 ( 2 ) OF THE REGULATIONS . THEREFORE , IN THE CASE OF AN ACT WHICH IS GENERAL IN NATURE AND WHICH IS INTENDED TO BE IMPLEMENTED BY MEANS OF A SERIES OF INDIVIDUAL DECISIONS AFFECTING MANY OFFICIALS IN AN INSTITUTION , THE NON-APPLICATION OF THAT GENERAL MEASURE TO A PARTICULAR CASE CANNOT BE CONSIDERED AS A DECISION , EVEN IMPLIED , REJECTING A REQUEST OF THE KIND ENVISAGED BY ARTICLE 90 ( 1 ).

2 . THE GENERAL PRINCIPLE OF EQUALITY , OF WHICH THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY IS MERELY A SPECIFIC EXPRESSION , IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW . THE PRINCIPLE REQUIRES THAT COMPARABLE SITUATIONS SHOULD NOT BE TREATED DIFFERENTLY UNLESS SUCH DIFFERENTIATION IS OBJECTIVELY JUSTIFIED .

3 . IN RESTRICTING THE FOREIGN RESIDENCE ALLOWANCE TO OFFICIALS WHO ARE NOT AND NEVER HAVE BEEN NATIONALS OF THE STATE IN WHOSE TERRITORY THEY ARE EMPLOYED AND WHO DO NOT RECEIVE THE EXPATRI ATION ALLOWANCE ARTICLE 4 ( 2 ) OF ANNEX VII TO THE STAFF REGULATION ( INSERTED BY ARTICLE 21 ( 2 ) OF REGULATION NO 912/78 ) DOES NOT OFFEND AGAINST THE GENERAL PRINCIPLE OF EQUALITY . AS THE FOREIGN RESIDENCE ALLOWANCE IS INTENDED TO COMPENSATE FOR THE DISADVANTAGES WHICH OFFICIALS UNDERGO AS A RESULT OF THEIR STATUS AS ALIENS , THE COMMUNITY LEGISLATURE WAS ENTITLED , IN APPLYING ITS DISCRETIONARY JUDGMENT TO THAT SITUATION , TO RELY ON THE SINGLE CRITERION OF NATIONALITY , WHICH IS UNIFORM , OBJECTIVE AND DIRECTLY RELATED TO THE PURPOSE OF THE RULES .

ALTHOUGH IN BORDER-LINE CASES FORTUITOUS PROBLEMS MUST ARISE FROM THE INTRODUCTION OF ANY GENERAL AND ABSTRACT SYSTEM OF RULES , THERE ARE NO GROUNDS FOR TAKING EXCEPTION TO THE FACT THAT THE LEGISLATURE HAS RESORTED TO CATEGORIZATION , PROVIDED THAT IT IS NOT IN ESSENCE DISCRIMINATORY HAVING REGARD TO THE OBJECTIVE WHICH IT PURSUES .