YY and ZA v Court of Justice of the European Union (Judgment) French Text [2022] EUECJ T-545/16 (15 June 2022)

YY and ZA v Court of Justice of the European Union (Judgment) French Text [2022] EUECJ T-545/16 (15 June 2022)

The Tribunal held that the amended reimbursement method, which calculates the lump-sum travel payment based on the distance between the place of employment and the capital of the Member State of nationality, does not violate Article 45 TFEU or the principle of non-discrimination, as it does not affect the right to...

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Citation
[2022] EUECJ T-545/16
Parties
Applicant: YY; Applicant: ZA; Respondent: Court of Justice of the European Union; Intervener: European Parliament; Intervener: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Judicial Review / Annulment / Final Judgment
Outcome
application dismissed
Legal Topics
Non Discrimination, Free Movement of Workers, Remuneration of EU Officials, Statutory Interpretation, Protection of Legitimate Expectations, Proportionality, Acquired Rights
European Union Law Public Service Law Non Discrimination Free Movement of Workers Remuneration of EU Officials Statutory Interpretation Protection of Legitimate Expectations Proportionality +1 more

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Parties

YY

Applicant

ZA

Applicant

Court of Justice of the European Union

Respondent

European Parliament

Intervener

Council of the European Union

Intervener

Procedural Posture

Judicial Review / Annulment / Final Judgment

  1. 1 Whether the amended rules on annual travel expense reimbursement for EU officials with places of origin in third countries violate Article 45 TFEU (free movement of workers) and the principle of non-discrimination on grounds of nationality.
  2. 2 Whether the new calculation method for travel reimbursement, based on the distance to the capital of the Member State of nationality, violates the purpose of Article 8 of Annex VII of the Staff Regulations, the principle of proportionality, acquired rights, and the protection of legitimate expectations.

Ratio Decidendi

The Tribunal held that the amended reimbursement method, which calculates the lump-sum travel payment based on the distance between the place of employment and the capital of the Member State of nationality, does not violate Article 45 TFEU or the principle of non-discrimination, as it does not affect the right to reimbursement but only its calculation. The method is justified by legitimate administrative and budgetary objectives, is proportionate, and does not infringe acquired rights or legitimate expectations. The applicants' claims were therefore unfounded.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • YY and ZA are ordered to bear their own costs and those incurred by the Court of Justice of the European Union.