EEAS v Alba Aguilera and Others (Staff Regulations of officials and Conditions of Employment of other servants - Opinion) French Text [2019] EUECJ C-427/18P_O (16 October 2019)

EEAS v Alba Aguilera and Others (Staff Regulations of officials and Conditions of Employment of other servants - Opinion) French Text [2019] EUECJ C-427/18P_O (16 October 2019)

Article 1(3) of Annex X of the Staff Regulations does not, by itself, impose an express obligation to adopt general implementing provisions (DGE) prior to revising the Indemnity for Living Conditions (ICV) under Article 10. The obligation to adopt DGE arises only if expressly required by the relevant provision or by...

Source-derived case information.

Citation
[2019] EUECJ C-427/18P_O
Parties
Appellant: Service européen pour l’action extérieure (SEAE); Respondents: Ruben Alba Aguilera and Others
Jurisdiction
European Union
Procedural Posture
Appeal / Opinion of Advocate General
Outcome
Appeal upheld, contested points of the Tribunal's judgment annulled, case remitted to the Tribunal for further consideration.
Legal Topics
Staff Regulations, Conditions of Employment, Remuneration, Annex X, Indemnity for Living Conditions, Procedural Requirements for General Implementing Provisions
European Union Law Employment Law Staff Regulations Conditions of Employment Remuneration Annex X Indemnity for Living Conditions Procedural Requirements for General Implementing Provisions

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Parties

Service européen pour l’action extérieure (SEAE)

Appellant

Ruben Alba Aguilera and Others

Respondents

Procedural Posture

Appeal / Opinion of Advocate General

  1. 1 Whether the SEAE was required to adopt general implementing provisions (DGE) prior to revising the Indemnity for Living Conditions (ICV) under Article 10 of Annex X of the Staff Regulations.
  2. 2 Whether Article 1(3) of Annex X of the Staff Regulations imposes an express obligation to adopt DGE for all provisions of the annex, including Article 10.

Ratio Decidendi

Article 1(3) of Annex X of the Staff Regulations does not, by itself, impose an express obligation to adopt general implementing provisions (DGE) prior to revising the Indemnity for Living Conditions (ICV) under Article 10. The obligation to adopt DGE arises only if expressly required by the relevant provision or by the nature of the provision. Article 10 provides sufficient procedural safeguards, and the Tribunal erred in finding an express obligation to adopt DGE in this context.

Court Disposition

Appeal upheld, contested points of the Tribunal's judgment annulled, case remitted to the Tribunal for further consideration.

Orders

  • The first and third points of the Tribunal's judgment of 13 April 2018 (T-119/17) are annulled.
  • The case is remitted to the General Court for consideration of the remaining grounds.