Order of the General Court (Eighth Chamber) of 29 November 2021 –Kanellou v Council (Case T‑515/16)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62016TO0515_INF@2021-11-29/en
1. Actions brought by officialsJurisdiction of the EU judicatureApplication for annulment of an individual act adversely affecting an officialUnion judicature’s lack of jurisdiction to declare a provision of general application unlawful in the operative part of its judgments (see para. 23)
2. OfficialsReimbursement of expensesAnnual travel expenses and travelling timeConditions and proceduresAmendment to the Staff Regulations to link the right to travelling time and to the reimbursement of travel expenses to the expatriate statusObligation to state reasonsScope (Art. 296 TFEU; Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7) (see paras 29-34)
3. OfficialsReimbursement of expensesAnnual travel expenses and travelling timeConditions and proceduresRequirement for there to be a link between the grant of those entitlements and the expatriate statusNo discrimination against members of staff who are nationals of their country of employment but whose place of origin differs from their place of employmentNo obligation on the EU legislature to provide for a special rule for members of staff holding dual nationality (Charter of Fundamental Rights of the European Union, Art. 20; Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex VII, Art. 4) (see paras 38-49)
4. OfficialsReimbursement of expensesAnnual travel expenses and travelling timeConditions and proceduresRequirement for there to be a link between the grant of those entitlements and the expatriate statusNo breach of principle of proportionality (Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7, and Annex VII, Arts 4 and 8) (see paras 55-65)
5. OfficialsReimbursement of expensesAnnual travel expenses and travelling timeConditions and proceduresAmendment to the Staff Regulations to link the right to travelling time and to the reimbursement of travel expenses to the expatriate statusNo infringement of the principles of the protection of legitimate expectations and legal certainty (Staff Regulations of Officials, as amended by Regulation No 1023/2013, Annex V, Art. 7, and Annex VII, Arts 4 and 8) (see paras 69-75)
Re: Application pursuant to Article 270 TFEU seeking, in substance, annulment of the decision no longer to grant the applicant, as of 1 January 2014, reimbursement of annual travel costs so that she may maintain a connection with her place of origin. Operative part
1. The action is dismissed.
2. Ms Despina Kanellou shall bear her own costs and pay those incurred by the Council of the European Union.
3. The European Commission and the European Parliament shall each bear their own costs.