Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Gualtieri v Commission

(Case T-284/06)

Seconded national expert – Subsistence allowances – Place of residence at the time of secondment – Objection of illegality of Article 20(3)(b) of the decision on Seconded national experts – Principle of equal treatment

1.                     Officials – Reimbursement of expenses – Seconded national experts – Daily subsistence allowance (Art. 141 EC) (see paras 28-31)

2.                     Community law – Principles – Protection of legitimate expectations (see paras 41-43)

Re:

ANNULMENT of the decision of the Commission of 30 January 2006 dismissing the applicant’s claim for adjustment, following her divorce, of the amount of the allowances payable under Article 17 of Commission Decision C(2002) 1559 of 30 April 2002 laying down the rules applicable to Seconded national experts, as amended.

Operative part

The Court:

1. Dismisses the action;

2. Orders Ms Claudia Gualtieri to pay the costs.