Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 – Achab v EESC

(Case F-21/12) ¹

(Civil Service – Officials – Remuneration – Expatriation allowance – Condition laid down in Article 4(1)(a) and (b) of Annex VII to the Staff Regulations – Recovery of sums unduly paid)

Language of the case: French

Parties

Applicant: Mohammed Achab (Brussels, Belgium) (represented by: N. Lhoest, lawyer)

Defendant: European Economic and Social Committee (EESC) (represented by: M. Arsène and G. Boudot, acting as Agents)

Re:

Application for annulment of the decision withdrawing the award of expatriation allowance to the applicant and seeking retroactively to recover that allowance.

Operative part of the judgment

The Tribunal:

Annuls the decision of the European Economic and Social Committee of 9 June 2011 in so far as it orders the recovery of the expatriation allowance paid to Mr Achab from 1 July 2010;

Dismisses the remainder of the action;

Orders the European Economic and Social Committee to bear its own costs and to pay half of the costs incurred by Mr Achab;

Orders Mr Achab to bear half of his own costs.

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¹ OJ C 133, 5/5/12, p. 30.