Judgment of the Civil Service Tribunal (First Chamber) of 16 January 2007 - Borbély v Commission
(Officials - Reimbursement of expenses - Installation allowance - Daily subsistence allowance - Travel expenses on taking up an appointment - Place of recruitment - Unlimited jurisdiction)
Language of the case: English
Parties
Applicant(s): Andrea Borbély (Brussels, Belgium) (represented by: R. Stötzel, lawyer)
Defendant: Commission of the European Communities (represented by: J. Currall and H. Kraemer, agents)
Re:
Annulment of the decision of the Commission refusing the applicant the benefit of the installation allowance and the daily subsistence allowance and reimbursement of travel expenses following the establishment of her place of recruitment as Brussels
Operative part of the judgment
The Tribunal:
Declares that the decision of the Commission of the European Communities of 2 March 2005 is annulled in so far as it refuses to grant the applicant the installation allowance provided for in Article 5(1) of Annex VII to the Staff Regulations and the daily subsistence allowance provided for in Article 10(1) of that Annex;
Orders the Commission of the European Communities to pay the applicant, in accordance with the rules of the Staff Regulations in force, those allowances plus default interest, from the dates on which they were payable respectively and up to the date of their payment, at the rate set by the European Central Bank for its main refinancing transactions, as applicable during the relevant period, increased by two points;
Dismisses the action as to the remainder;
Orders each party to bear its own costs.
____________1 - OJ C 60, 11.3.2006, p. 54.