Asturias Cuerno v Commission (Staff Regulations) [2007] EUECJ T-473/04 French Text (19 June 2007)

Asturias Cuerno v Commission (Staff Regulations) [2007] EUECJ T-473/04 French Text (19 June 2007)

The applicant's service as a parliamentary assistant to a Member of the European Parliament constituted service for an international organization within the meaning of Article 4(1)(a) of Annex VII of the Staff Regulations, as the relationship was substantively with the Parliament. Therefore, the relevant period...

Source-derived case information.

Citation
[2007] EUECJ T-473/04 French Text
Parties
Applicant: Cristina Asturias Cuerno; Respondent: Commission des Communautés européennes
Jurisdiction
European Union
Procedural Posture
Annulment Action (staff Regulations) / Final Judgment
Outcome
Application partially upheld
Legal Topics
Staff Regulations, Expatriation Allowance, Installation Allowance, Daily Allowance, Employment With International Organizations, Jurisdiction of the European Courts
European Union Law Employment Law Administrative Law Staff Regulations Expatriation Allowance Installation Allowance Daily Allowance Employment With International Organizations +1 more

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Parties

Cristina Asturias Cuerno

Applicant

Commission des Communautés européennes

Respondent

Procedural Posture

Annulment Action (staff Regulations) / Final Judgment

  1. 1 Whether the applicant's service as a parliamentary assistant constitutes service for an international organization under Article 4(1)(a) of Annex VII of the Staff Regulations
  2. 2 Whether the applicant is entitled to the expatriation allowance, installation allowance, and daily allowance
  3. 3 Whether the Commission erred in law and fact in denying these allowances

Ratio Decidendi

The applicant's service as a parliamentary assistant to a Member of the European Parliament constituted service for an international organization within the meaning of Article 4(1)(a) of Annex VII of the Staff Regulations, as the relationship was substantively with the Parliament. Therefore, the relevant period should be neutralized, and the applicant met the conditions for the expatriation and installation allowances. However, she did not demonstrate a change of habitual residence prior to taking up her post, so the daily allowance was not due.

Court Disposition

Application partially upheld

Orders

  • The Commission's decisions of 28 January and 25 August 2004 are annulled.
  • The applicant is entitled to the expatriation allowance and installation allowance.