JUDGMENT OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(First Chamber)

15 January 2013

Case F‑27/11

BO

v

European Commission

(Civil service — Social security — Payment of transport costs associated with medical care — Transport costs incurred for linguistic reasons)

Application: brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, whereby BO seeks annulment of the decisions of the European Commission of 1 June 2010 refusing to pay transport and accompanying adult’s costs incurred in respect of his son.

Held: The Commission’s decisions are annulled. The Commission is to bear its own costs and is ordered to pay those incurred by BO.

Summary

Officials — Social security — Sickness insurance — Transport costs incurred for linguistic reasons — Reimbursement — Not included — Reimbursement of travel costs associated with medical treatment requiring the use of a language in which the person receiving the treatment is fluent — Lawfulness — Conditions

Under point 2.5 of Chapter 12 of Title II of the general implementing provisions for the reimbursement of medical expenses, certain transport costs are not eligible for reimbursement, including costs incurred for linguistic reasons. However, that provision cannot be interpreted as precluding reimbursement of the transport costs incurred to undergo psychotherapy where it is objectively established that that therapy requires the use of a language which the recipient must understand, which is the only language in which he can express himself, and where psychotherapy in that language is not available at the beneficiary’s place of employment.

(see paras 29, 30)