EU Case T-249/19: Expatriation Allowance
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Questions and Answers

What does the applicant claim about her family's residence during her husband's diplomatic mission?

  • They were all engaged in gainful occupations at the place of assignment.
  • They had their center of interests in Greece. (correct)
  • They had been living in the host country for over a year.
  • They were habitually residing at the place of assignment.

Which article does the applicant refer to in making her argument about her diplomatic status?

  • Article 12 of the European Union Treaty.
  • Article 4(1)(a) of Annex VII to the Staff Regulations. (correct)
  • Article 7 of the Charter of Fundamental Rights.
  • Article 23 of the Vienna Convention on Diplomatic Relations.

What consequence does the applicant argue should result from her diplomatic status?

  • Her family should not have been allowed to reside in the host country.
  • Her status creates obstacles to forming lasting ties with the host State. (correct)
  • She should have been granted financial support from the host country.
  • She should have been considered a permanent resident of the host country.

What does the applicant argue regarding the individual assessment of her situation?

<p>It can include the fact that her husband is part of the diplomatic staff. (B)</p> Signup and view all the answers

What right does the applicant claim is being disregarded in the contested decision?

<p>The right to respect for her private and family life. (B)</p> Signup and view all the answers

What did the Commission request from the applicant during the pre-litigation procedure?

<p>A rental agreement for her accommodation in Brussels (D)</p> Signup and view all the answers

What was the reason the three annexed documents submitted by the applicant were deemed inadmissible?

<p>They could have been submitted in earlier proceedings (B)</p> Signup and view all the answers

What does the applicant allege regarding the Commission's interpretation of the expatriation allowance?

<p>It is based on false assumptions about her residence (A)</p> Signup and view all the answers

What is one of the pleas in law raised by the applicant?

<p>Incorrect classification of the facts leading to the decision (D)</p> Signup and view all the answers

In what year did the Commission request the certificate of de-registration from the commune?

<p>2016 (C)</p> Signup and view all the answers

How did the applicant support her case regarding the expatriation allowance?

<p>By submitting a certificate of former residence (C)</p> Signup and view all the answers

What period does the applicant claim she was not habitually resident in Brussels?

<p>The entire reference period (B)</p> Signup and view all the answers

What is the applicant challenging in her action against the Commission?

<p>The contested decision due to an alleged error of assessment (A)</p> Signup and view all the answers

What distinguishes the applicant's situation from that of the applicant in the case of Wywiał-Prząda v Commission?

<p>The applicant did not establish habitual residence in Brussels. (C)</p> Signup and view all the answers

What does Article 4(1)(a) of Annex VII to the Staff Regulations specifically cover?

<p>Work done by the actual official entering service (C)</p> Signup and view all the answers

Why does the applicant believe her interim employment contracts should not contribute to habitual residence?

<p>Because they were equivalent to professional traineeships. (A)</p> Signup and view all the answers

Why can't the provisions of Article 4(1)(a) be extended to a partner of an official working for another state?

<p>Due to the absence of direct work involvement (C)</p> Signup and view all the answers

What evidence does the applicant provide to support the temporary nature of her stay in Brussels?

<p>She was hosted by friends instead of renting an apartment. (C)</p> Signup and view all the answers

In the case of the applicant who benefited from diplomatic status, what was significant about their employment situation?

<p>They were not a member of any international staff (D)</p> Signup and view all the answers

What was the purpose of the applicant accepting short-term contracts during her stay in Brussels?

<p>To support her family during the economic crisis in Greece. (D)</p> Signup and view all the answers

What key factor did the Court of Justice emphasize in determining the applicant's integration issues?

<p>The specific tie to another State (B)</p> Signup and view all the answers

What does the residence certificate issued by the Greek State signify regarding the applicant's stay in Brussels?

<p>It confirms the temporary nature of her stay. (C)</p> Signup and view all the answers

Which judgment highlighted that special status cannot solely be derived from privileges and immunities?

<p>Commission v Hosman-Chevalier (B)</p> Signup and view all the answers

When did the entire family move to Greece after their time in Brussels?

<p>At the end of her husband's mandate in August 2016. (B)</p> Signup and view all the answers

What aspect of the applicant's situation was specifically noted by the Commission?

<p>Holding diplomatic status but no formal employment (C)</p> Signup and view all the answers

During which specific period did the applicant claim to have no durable occupation?

<p>1 September 2016 to 1 February 2017. (C)</p> Signup and view all the answers

What was the conclusion about the applicant's work relations as per Article 4(1)(a)?

<p>It applies only to work performed in the state of employment (D)</p> Signup and view all the answers

What was the applicant's primary concern regarding her habitual residence during her stay in Brussels?

<p>She believed her stay lacked durability and stability. (A)</p> Signup and view all the answers

What did the second sentence of the second indent of Article 4(1)(a) exclude?

<p>Work performed by non-officials (A)</p> Signup and view all the answers

What is the main claim of the applicant in the second plea regarding the Commission's assessment?

<p>The Commission misinterpreted the provided evidence. (C)</p> Signup and view all the answers

Which of the following does the applicant assert as evidence of her definitive move from Brussels?

<p>Moving all of her furniture. (D)</p> Signup and view all the answers

What was the Commission's response to the applicant's claim concerning the examination of her documents?

<p>The Commission stated that they examined the facts thoroughly. (C)</p> Signup and view all the answers

How did the Commission support its position against the second plea?

<p>By referring to the first plea's factual examination. (D)</p> Signup and view all the answers

Which action did the PMO take regarding the applicant’s documents?

<p>They requested more supporting documents from the applicant. (C)</p> Signup and view all the answers

What is the outcome of the second plea as mentioned in the content?

<p>It was rejected as unfounded. (A)</p> Signup and view all the answers

What aspect of the applicant's personal situation did the Court consider?

<p>Details provided in the first plea. (D)</p> Signup and view all the answers

What does the applicant argue about the Commission's conclusions?

<p>They included assumptions that were unfounded. (D)</p> Signup and view all the answers

What is required for a stay in a country to potentially qualify as habitual residence?

<p>Lasting social and professional ties (C)</p> Signup and view all the answers

How does the nature of employment contracts affect the classification of residence?

<p>Short-term contracts do not suggest habitual residence. (A)</p> Signup and view all the answers

What was the applicant's living situation during her employment in Brussels?

<p>She stayed with friends. (B)</p> Signup and view all the answers

What type of work were the applicant's temporary contracts related to?

<p>Remunerated professional services (B)</p> Signup and view all the answers

What can be inferred about intent from temporary employment contracts that are not for training?

<p>They indicate a lack of significant intention to reside. (C)</p> Signup and view all the answers

According to case law, what is necessary for a temporary stay to be classified as habitual residence?

<p>Interplay of various relevant factors. (D)</p> Signup and view all the answers

What judgment addressed the presumption regarding a person’s intent to change their residence?

<p>Asturias Cuerno v Commission (B)</p> Signup and view all the answers

Which factor does NOT contribute to establishing habitual residence according to the provided content?

<p>Educational background (C)</p> Signup and view all the answers

Flashcards

Expatriation Allowance Eligibility

Criteria for receiving an expatriation allowance based on habitual residence.

Habitual Residence

The main place of residency, for a particular period.

Administrative Procedure

Formal process preceding a legal case; for example, the process the Commission initiated before the applicant's case.

Commission's Interpretation

The Commission's view or judgment on a specific article (or fact) relevant to the case.

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Annex VII, Article 4(1)(a)

A specific section in the Staff Regulations that defines the conditions for receiving expatriation allowances.

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Evidence

Proof supporting a claim or accusation in a legal case.

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Legal Action Plea

A statement of legal argument made by a party to support their claim in a lawsuit or legal proceeding.

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Inadmissible Documents

Documents that can't be used as evidence in a legal case because they were not presented at the correct juncture.

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Diplomatic Status

A legal status granted to individuals representing a country abroad, providing them with specific privileges and immunities.

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Center of Interests

The primary location where a person's personal, professional, and social life is centered.

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Vienna Convention on Diplomatic Relations

An international treaty that establishes rules and guidelines for diplomatic relations between countries.

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Obstacle to Habitual Residence

A factor, such as diplomatic status, that hinders a person from forming lasting connections to the place of assignment.

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Applicant's Argument

The applicant's statement claiming their situation differs from the Wywiał-Prząda case, asserting that they had not established habitual residence in Brussels due to their temporary stay and lack of a permanent job.

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Applicant's Stay in Brussels

The applicant stayed in Brussels for a short period while their husband was on a mission there; they then moved to Greece with no certainty of a return to Brussels.

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Interim Employment

Short-term contracts the applicant held in Brussels between September 2016 and February 2017, which she argues shouldn't count towards establishing habitual residence.

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Applicant's Justification

The applicant argues that she accepted these interim contracts due to the economic crisis in Greece and for curriculum vitae improvement, not to establish habitual residence in Brussels.

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Evidence of Temporary Stay

The applicant highlights the temporary nature of her stay in Brussels by pointing out that she didn't rent an apartment and was hosted by friends.

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Greek Residence Certificate

The applicant emphasizes that a residence certificate issued by Greece confirms her temporary stay in Brussels, as it's issued only after verifying the actual place of residence.

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High Evidential Value

The Greek residence certificate has high value as evidence because it's issued only after official verification of the person's true place of residence.

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Challenge to Commission's Interpretation

The applicant's argument challenges the Commission's interpretation of the conditions for receiving expatriation allowances and the criteria for establishing habitual residence.

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Expatriation Allowance

A financial benefit provided to staff members of international organizations who work abroad, intended to offset the extra expenses incurred due to living in a foreign country.

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Article 4(1)(a) of Annex VII

A specific rule within the Staff Regulations of international organizations that dictates the circumstances under which staff members can be granted an expatriation allowance.

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Temporary Stay

A period of living in a place for a limited duration, with no intention of establishing a permanent residence.

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Practical Training

Hands-on experience that complements academic studies, typically undertaken during a student's course.

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Professional Services

Activities performed by individuals with specialized skills and knowledge, typically remunerated.

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Manifest Error of Assessment

A legal argument claiming the Commission incorrectly evaluated the facts and evidence presented, leading to a flawed decision.

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Applicant's Main Argument

The applicant argues they did not establish habitual residence in Brussels because their stay was temporary and they didn't have a permanent job there.

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Applicant's Justification for Interim Contracts

The applicant explains she accepted short-term jobs in Brussels due to Greece's economic crisis and to improve her resume, not to establish residency.

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Support Documents

The applicant provided documents to the Commission to support their claim of non-habitual residence in Brussels.

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Commission's Response

The Commission rejects the applicant's claims and maintains that it thoroughly investigated the situation before making its decision.

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Study Notes

Judgment of the General Court (Eighth Chamber) - 15 October 2020

  • Case: T-249/19
  • Applicant: Marina Karpeta-Kovalyova, residing in Woluwe-Saint-Pierre (Belgium)
  • Defendant: European Commission
  • Issue: Decision refusing entitlement to expatriation allowance, daily subsistence allowance, installation allowance, and reimbursement of removal expenses. Article 4(1)(a) of Annex VII to the Staff Regulations.
  • Background: Applicant had Ukrainian nationality and acquired Greek nationality. Moved from Ukraine to Brussels (Belgium) in 2009. Worked as interim staff member in Brussels (2016-2017), then employed by the European Commission from August 2017 to July 2018.
  • Commission's Decision (14 June 2018): Refused entitlement to allowances due to missing documents. Established applicant's place of origin and recruitment as Brussels.
  • Contested Decision (14 June 2018): Applicant was not entitled to allowances due to missing documents (and information) and was asked to re-submit them.
  • Applicant's Complaint: Rejected by the appointing authority (10 January 2019).
  • Reference Period: February 1, 2012 to February 1, 2017
  • Habitual Residence: Applicant argued habitual residence was in Athens, but the appointing authority believed Brussels was the habitual residence based on family and interests.
  • Legal Arguments: The applicant argued for the applicability of article 4(1) (a) and related rulings. The Commission argued that the applicant was habitually resident in Brussels.
  • Court's Decision/Judgment: Dismissed the action and ordered the applicant to pay costs. The court considered the documents that were submitted
  • Key Issues: Criteria for determining habitual residence, diplomatic status impact on residence, temporary employment contracts' impact on habitual residence.

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Related Documents

General Court Judgment (2020) - PDF

Description

Explore the details of the Judgment of the General Court regarding case T-249/19. This quiz covers the refusal of entitlements for expatriation and daily subsistence allowances to applicant Marina Karpeta-Kovalyova. Delve into the implications of her nationality changes and the European Commission's decisions.

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