Aupicon and Others v EEAS (Judgment) French Text [2021] EUECJ T-655/18 (13 October 2021)

Aupicon and Others v EEAS (Judgment) French Text [2021] EUECJ T-655/18 (13 October 2021)

The Tribunal held that Article 10 of Annex X of the Staff Regulations, as applied to the ICV, is sufficiently clear and precise and does not require the adoption of general implementing provisions. The SEAE's methodology and annual review, including staff committee consultation, provide adequate procedural...

Source-derived case information.

Citation
[2021] EUECJ T-655/18
Parties
Applicant: Delphine Aupicon et autres (voir annexe); Respondent: Service européen pour l’action extérieure (SEAE)
Jurisdiction
European Union
Procedural Posture
Annulment Action (fonction Publique) / Final Judgment at First Instance (tribunal, Eu)
Outcome
application dismissed
Legal Topics
Remuneration of EU Officials, Living Conditions Allowance, Procedural Regularity, Manifest Error of Assessment
EU Administrative Law EU Staff Law Remuneration of EU Officials Living Conditions Allowance Procedural Regularity Manifest Error of Assessment

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Parties

Delphine Aupicon et autres (voir annexe)

Applicant

Service européen pour l’action extérieure (SEAE)

Respondent

Procedural Posture

Annulment Action (fonction Publique) / Final Judgment at First Instance (tribunal, Eu)

  1. 1 Whether the SEAE was required to adopt general implementing provisions (DGE) for Article 10 of Annex X of the Staff Regulations before fixing the living conditions allowance (ICV) rate for Ghana in 2018
  2. 2 Whether the SEAE committed manifest errors of assessment in setting the ICV rate at 20% for Ghana

Ratio Decidendi

The Tribunal held that Article 10 of Annex X of the Staff Regulations, as applied to the ICV, is sufficiently clear and precise and does not require the adoption of general implementing provisions. The SEAE's methodology and annual review, including staff committee consultation, provide adequate procedural safeguards. The applicants failed to demonstrate manifest error in the SEAE's assessment of Ghana's conditions or in the scoring of relevant parameters. The decision to set the ICV at 20% was not vitiated by procedural or substantive error.

Court Disposition

application dismissed

Orders

  • The application is dismissed in its entirety.
  • Applicants are ordered to bear their own costs and those of the SEAE.