Judgment of the General Court (Eighth Chamber) of 28 February 2019.Geoffray Pozza v European Parliament.Civil service — Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Place where main occupation is carried on — Inter-institutional transfer — Decision no longer to grant expatriation allowance — Competence — Legitimate expectations.Case T-216/18.

Judgment // 28/02/2019 // 2 min read
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Judgment of the General Court (Eighth Chamber) of 28 February 2019 –Pozza v Parliament

(Case T‑216/18)

(Civil service — Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Place where main occupation is carried on — Inter-institutional transfer — Decision no longer to grant expatriation allowance — Competence — Legitimate expectations)

  1. Officials — Remuneration — Expatriation allowance — Purpose — Conditions for granting — Based on objective factors — No habitual residence or main occupation in the Member State of employment prior to entering the service

(Staff Regulations of Officials, Annex VII, Art. 4(1)(a))

(see paras 24, 25, 29, 30, 48)

  1. Officials — Remuneration — Expatriation allowance — Conditions for granting — Account taken of the main occupation in the Member State of employment prior to entering the service — Whether permissible — Conditions

(Staff Regulations of Officials, Annex VII, Art. 4(1)(a))

(see paras 34, 35, 38-40, 42-44)

  1. Officials — Remuneration — Expatriation allowance — Conditions for granting — Prior checking of pecuniary rights — Competence of the institution employing the official

(Staff Regulations of Officials, Annex VII, Art. 4(1)(a))

(see paras 61, 62, 65, 67)

  1. Officials — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities

(see para. 80)

Re:

Application based on Article 270 TFEU seeking annulment of the decision of 8 June 2017 by which the Parliament no longer grants the applicant the expatriation allowance from the date on which he took up his duties.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Mr Geoffray Pozza to pay the costs.