Salvador Garcia v Commission (Staff Regulations) French Text [2005] EUECJ T-205/02 (25 October 2005)

Salvador Garcia v Commission (Staff Regulations) French Text [2005] EUECJ T-205/02 (25 October 2005)

The applicant was not entitled to the expatriation allowance because her employment for the Navarre regional government and related entities did not constitute 'services for another State' within the meaning of Article 4(1)(a) of Annex VII of the Staff Regulations, which refers only to central state authorities....

Source-derived case information.

Citation
[2005] EUECJ T-205/02
Parties
Applicant: Beatriz Salvador García; Respondent: Commission des Communautés européennes
Jurisdiction
European Union
Procedural Posture
Staff Regulations Annulment Action / Final Judgment
Outcome
application dismissed
Legal Topics
Staff Regulations, Expatriation Allowance, Habitual Residence, Equal Treatment, Motivation of Decisions
European Union Law Employment Law Administrative Law Staff Regulations Expatriation Allowance Habitual Residence Equal Treatment Motivation of Decisions

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Parties

Beatriz Salvador García

Applicant

Commission des Communautés européennes

Respondent

Procedural Posture

Staff Regulations Annulment Action / Final Judgment

  1. 1 Whether the applicant was entitled to the expatriation allowance under Article 4(1)(a) of Annex VII of the Staff Regulations
  2. 2 Interpretation of 'services for another State' and 'habitual residence' under the Staff Regulations
  3. 3 Whether the Commission erred in fact or law in denying the allowance

Ratio Decidendi

The applicant was not entitled to the expatriation allowance because her employment for the Navarre regional government and related entities did not constitute 'services for another State' within the meaning of Article 4(1)(a) of Annex VII of the Staff Regulations, which refers only to central state authorities. Furthermore, the applicant's habitual residence and main professional activity were in Brussels during the relevant five-year reference period, as evidenced by her employment contracts, residence registration, and the nature of her work. The Commission did not err in fact or law in refusing the allowance.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicant is ordered to bear her own costs.