LR v EIB (Judgment) French Text [2022] EUECJ T-529/20 (07 September 2022)

LR v EIB (Judgment) French Text [2022] EUECJ T-529/20 (07 September 2022)

The BEI's refusal to grant the relocation allowance based solely on property ownership was not supported by Article 13 of the administrative provisions. The correct interpretation, based on the French original and context, is that exclusion applies only if the agent moves to the habitual residence of their family,...

Source-derived case information.

Citation
[2022] EUECJ T-529/20
Parties
Applicant: LR; Respondent: Banque européenne d’investissement (BEI)
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Final Judgment
Outcome
application allowed
Legal Topics
Public Service Employment, Remuneration, Relocation Allowance, Interpretation of Administrative Provisions, Judicial Review
European Union Law Employment Law Administrative Law Public Service Employment Remuneration Relocation Allowance Interpretation of Administrative Provisions Judicial Review

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Parties

LR

Applicant

Banque européenne d’investissement (BEI)

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment

  1. 1 Whether the refusal by the BEI to grant the relocation allowance to LR on the basis of property ownership was lawful under Article 13 of the BEI administrative provisions.
  2. 2 Proper interpretation of 'propre foyer'/'own home' in the context of relocation allowance eligibility.

Ratio Decidendi

The BEI's refusal to grant the relocation allowance based solely on property ownership was not supported by Article 13 of the administrative provisions. The correct interpretation, based on the French original and context, is that exclusion applies only if the agent moves to the habitual residence of their family, not merely to a property they own. Therefore, the BEI's decision was unlawful and must be annulled.

Court Disposition

application allowed

Orders

  • The BEI's decision of 9 January 2020 refusing the relocation allowance to LR is annulled.
  • The BEI is ordered to pay LR the relocation allowance plus default interest from 4 September 2019 until full payment, at the ECB refinancing rate plus 2 points.