EU Law Case T-592/18 Overview

The applicant submitted their response on February 14, 2019.

The Commission responded to the applicant's reply on April 1, 2019.

The court scheduled a hearing and asked questions to both parties which were answered during the hearing on July 9, 2019.

The applicant wanted the court to cancel the decision and order the Commission to pay costs.

The Commission requested dismissal of the action and for the applicant to pay costs.

The applicant claimed the court's decision broke a rule in Annex VII of Staff Regulations, specifically concerning their diplomatic status and habitual residence.

The applicant held diplomatic status from September 22, 2010, to June 16, 2013.

The applicant argued that their period in Poland shouldn't count toward their work record because of their diplomatic status.

A diplomatic position hinders the creation of lasting ties to the State of employment, preventing sufficient integration.

International agreement governing diplomatic relations between countries.

Part of EU Staff Regulations specifying circumstances arising from work done by an official's spouse, concerning ties to other states.

Court case determining that Article 4(1)(a) Annex VII Staff Regulations only applies to work performed by the official, not their spouse.

Presumed to maintain ties to another state/organization; hindering lasting ties to the State of employment.

A legal case that stated that performing work in another state/international organisation keeps the employee connected to that other party.

Events related to employment affecting ties to other states or organizations; important for employment regulations.

The level of connection a person holds with the State where they are employed; influenced by circumstances, such as work and ties elsewhere.

The degree to which someone is integrated into their work country, determined by factors like work environment and social ties.

Holding diplomatic status may hinder integration into the host country, as it creates a stronger link to the originating country.

A spouse's level of integration might be different from their diplomatic partner, as they may have more opportunities to build ties in the host country.

The applicant argued that a person working for their state shouldn't be considered more 'expatriated' than their spouse living in the same country without such a role.

Paid work, even if limited, can suggest a person intends to move their permanent interests to a country, demonstrating integration.

While work is a factor in determining integration, it's not the only factor. Other circumstances can also show integration.

Volunteering or activities in the community can also indicate a person's connection to a new country, even without paid work.

The point at which a person officially becomes a resident of a new country.

Diplomatic status can hinder the creation of lasting ties to the country of employment, making it harder to prove integration.

A payment for the costs of living and working abroad, given to employees working in a foreign country.

An official position that grants special privileges and immunities to individuals representing a country or international organization.

The place where someone typically lives and intends to stay for a significant period of time.

The specific timeframe used to calculate an expatriation allowance, typically based on an employee's work record.

The portion of the reference period in which the employee enjoyed diplomatic status.

The applicant claimed that the time during which they held diplomatic status should not be included in the reference period for calculating their expatriation allowance.

The court ruled that the time during which the applicant held diplomatic status does count towards the reference period for calculating their expatriation allowance.

The court emphasized that the applicant's diplomatic status did not change the fact that they were still considered to have 'expatriated' for the purpose of receiving the expatriation allowance.

The process of becoming part of a new society by adapting to its culture, values, and way of life.

Habitual residence is not just about the length of time spent in a place, but also the intention to establish a stable way of life and social connections.

Benefits like free housing or paid expenses that don't necessarily indicate a person's intention to stay in a place.

The connections and interactions a person builds with others in their community.

Continuing a child's education in a new country can be a strong indication of intention to stay and integrate.

Participating in community activities and volunteering shows a commitment to the new society.

Integration can be shown through maintaining social relations, participating in the community, and ensuring a child's education.