ZM and Others v Council (Judgment) French Text [2019] EUECJ T-632/18 (10 October 2019)

ZM and Others v Council (Judgment) French Text [2019] EUECJ T-632/18 (10 October 2019)

The fees paid by applicants to associations were not mandatory school fees for access or attendance at a paying school, but contributions to pedagogical projects, and thus do not qualify as 'frais de scolarité' under Article 3(1) of Annex VII of the Staff Regulations. The Council's refusal to reimburse was lawful,...

Source-derived case information.

Citation
[2019] EUECJ T-632/18
Parties
Applicant: ZM; Applicant: ZN; Applicant: ZO; Respondent: Council of the European Union; Intervener: European Parliament
Jurisdiction
European Union
Procedural Posture
Action for Annulment (eu Staff Case) / Final Judgment
Outcome
application dismissed
Legal Topics
EU Staff Regulations, School Allowance, Interpretation of 'frais De Scolarité' (school Fees), Principle of Legitimate Expectations, Principle of Legal Certainty, Principle of Good Administration, Rights of the Child, Right to Education, Principle of Equality and Non Discrimination, Principle of Proportionality
European Union Law Employment Law Administrative Law EU Staff Regulations School Allowance Interpretation of 'frais De Scolarité' (school Fees) Principle of Legitimate Expectations Principle of Legal Certainty +5 more

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Parties

ZM

Applicant

ZN

Applicant

ZO

Applicant

Council of the European Union

Respondent

European Parliament

Intervener

Procedural Posture

Action for Annulment (eu Staff Case) / Final Judgment

  1. 1 Whether the refusal to reimburse school fees by the Council for children enrolled in certain Belgian schools violates Article 3(1) of Annex VII of the EU Staff Regulations and related principles.
  2. 2 Whether the Council's change in interpretation breached legitimate expectations, legal certainty, good administration, or fundamental rights (child, family, education).
  3. 3 Whether the refusal constitutes discrimination or violates proportionality.

Ratio Decidendi

The fees paid by applicants to associations were not mandatory school fees for access or attendance at a paying school, but contributions to pedagogical projects, and thus do not qualify as 'frais de scolarité' under Article 3(1) of Annex VII of the Staff Regulations. The Council's refusal to reimburse was lawful, did not breach legitimate expectations, legal certainty, good administration, fundamental rights, equality, or proportionality.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • ZM, ZN and ZO are ordered to pay the costs.