Angulo Sanchez v Council (Staff Regulations) French Text [2010] EUECJ -67/09 (15 December 2010)

Angulo Sanchez v Council (Staff Regulations) French Text [2010] EUECJ -67/09 (15 December 2010)

The Council erred in law by applying the maximum number of special leave days collectively to all ascendants rather than individually per ascendant, contrary to the Staff Regulations and Directive 1/04. The applicant was entitled to additional leave for each parent.

Source-derived case information.

Citation
[2010] EUECJ -67/09
Parties
Applicant: Nicolás Angulo Sánchez; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Staff Regulations Annulment / Final Judgment
Outcome
decisions annulled
Legal Topics
Special Leave, Staff Regulations, Illness of Ascendants, Interpretation of Leave Entitlement
European Union Law Employment Law Special Leave Staff Regulations Illness of Ascendants Interpretation of Leave Entitlement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nicolás Angulo Sánchez

Applicant

Council of the European Union

Respondent

Procedural Posture

Staff Regulations Annulment / Final Judgment

  1. 1 Whether the maximum number of special leave days for serious illness of an ascendant applies per ascendant or collectively
  2. 2 Whether the Council erred in refusing additional leave based on exhaustion of maximum days
  3. 3 Compliance with procedural requirements for leave applications

Ratio Decidendi

The Council erred in law by applying the maximum number of special leave days collectively to all ascendants rather than individually per ascendant, contrary to the Staff Regulations and Directive 1/04. The applicant was entitled to additional leave for each parent.

Court Disposition

decisions annulled

Orders

  • The Council's decisions of 8 October 2008 and 8 December 2008 rejecting special leave requests are annulled.
  • The Council of the European Union shall bear all costs.