Judgment of the Civil Service Tribunal (First Chamber) of 10 March 2009 - Giaprakis v Committee of the Regions
(Staff case - Officials - Remuneration - Transfer of part of the emoluments outside the country of employment - Article 17(2)(b) of Annex VII to the old Staff Regulations - Building savings account - Recovery of amounts wrongly paid - Conditions - Irregularity of the transfers - Obvious nature of the irregularity)
Language of the case: French
Parties
Applicant: Stavros Giaprakis (Brussels, Belgium) (represented by: M.-A. Lucas, lawyer)
Defendant: Committee of the Regions of the European Union (represented by: P. Cervilla, agent, and B. Wägenbaur, lawyer)
Re:
Annulment of the decision of 21 November 2006 to recover the amounts paid to the applicant in respect of the correction coefficient on part of his emoluments transferred to France from April 2004 to June 2005 because of the alleged failure to comply with the conditions required for that transfer - Application for damages
Operative part of the judgment
The Tribunal:
Annuls the decision of the Committee of the Regions of the European Union of 21 November 2006 ordering the recovery of sums resulting from the application of the correction coefficient to part of the emoluments of Mr Giaprakis transferred to France from April 2004 to June 2005, amounting to EUR 1 246.06;
Orders the Committee of the Regions of the European Union to reimburse Mr Giaprakis EUR 1 246.06, together with default interest from the date of the recovery until the date of the actual payment, at the rate fixed by the European Central Bank for its main refinancing operations and applicable during the period concerned, increased by 2 points;
Dismisses the action as to the remainder;
Orders the Committee of the Regions of the European Union to pay all the costs.
____________1 - OJ C 297, 8.12.2007, p. 49.