Podcast
Questions and Answers
What must the rules for payment of remuneration take into account for officials?
What must the rules for payment of remuneration take into account for officials?
- The number of years of service of the officials
- The level of education of the officials
- The difference in the cost of living in different countries
- The differences in the respective situations of the officials (correct)
What percentage of their remuneration are officials serving in non-member countries assumed to spend in the country of employment?
What percentage of their remuneration are officials serving in non-member countries assumed to spend in the country of employment?
- 75%
- 100%
- 50%
- 80% (correct)
Which costs are officials serving in a non-member country not required to bear?
Which costs are officials serving in a non-member country not required to bear?
- Salary costs
- Health care costs (correct)
- Travel costs
- Training costs
Who represented Annick Auzat in her application against the Commission?
Who represented Annick Auzat in her application against the Commission?
In which court was the application made for the annulment of the decision?
In which court was the application made for the annulment of the decision?
What was the applicant's request regarding her salary?
What was the applicant's request regarding her salary?
Who acted as the agent for the Commission during the proceedings?
Who acted as the agent for the Commission during the proceedings?
Which language was used during the case proceedings?
Which language was used during the case proceedings?
What legal principle does the applicant claim Articles 11 and 12 of Annex X infringe upon?
What legal principle does the applicant claim Articles 11 and 12 of Annex X infringe upon?
How much does Articles 11 and 12 effectively reduce the applicant's salary by?
How much does Articles 11 and 12 effectively reduce the applicant's salary by?
What does the applicant assert about officials serving in non-member countries compared to herself?
What does the applicant assert about officials serving in non-member countries compared to herself?
What requirement must be fulfilled for the applicant to receive the remaining 20% of her remuneration?
What requirement must be fulfilled for the applicant to receive the remaining 20% of her remuneration?
What benefit do officials in Belgium have according to the applicant?
What benefit do officials in Belgium have according to the applicant?
Which article outlines the purpose of ensuring equivalent purchasing power for officials?
Which article outlines the purpose of ensuring equivalent purchasing power for officials?
What is a consequence mentioned regarding the application of weighting for the applicant?
What is a consequence mentioned regarding the application of weighting for the applicant?
What does the applicant argue regarding the application of the weighting system?
What does the applicant argue regarding the application of the weighting system?
What principle is alleged to be violated by Articles 11 and 12 of Annex X to the Staff Regulations?
What principle is alleged to be violated by Articles 11 and 12 of Annex X to the Staff Regulations?
How does Article 11 of Annex X specify the payment of remuneration in Belgium?
How does Article 11 of Annex X specify the payment of remuneration in Belgium?
What does Article 12 of Annex X allow the appointing authority to do?
What does Article 12 of Annex X allow the appointing authority to do?
What percentage of net remuneration may the appointing authority agree to pay in the currency of the country of employment according to internal directives?
What percentage of net remuneration may the appointing authority agree to pay in the currency of the country of employment according to internal directives?
What is a possible reason for the appointing authority to pay more than 80% of remuneration in local currency?
What is a possible reason for the appointing authority to pay more than 80% of remuneration in local currency?
What is a primary concern raised by the applicant regarding the Commission's interpretation of Article 12?
What is a primary concern raised by the applicant regarding the Commission's interpretation of Article 12?
What significant action did the Commission take during the hearing regarding the application?
What significant action did the Commission take during the hearing regarding the application?
What does Article 1 of the internal directives primarily concern?
What does Article 1 of the internal directives primarily concern?
What is the primary principle regarding education for the children of Community officials serving outside the Community?
What is the primary principle regarding education for the children of Community officials serving outside the Community?
What additional provision is made for officials serving in countries with high health charges?
What additional provision is made for officials serving in countries with high health charges?
How does the status of officials serving in non-member countries compare to that of national diplomats?
How does the status of officials serving in non-member countries compare to that of national diplomats?
What complicates the situation for officials serving in non-member countries?
What complicates the situation for officials serving in non-member countries?
What does the mobility obligation for staff of external delegations imply?
What does the mobility obligation for staff of external delegations imply?
According to the policy, who is responsible for half of the insurance costs?
According to the policy, who is responsible for half of the insurance costs?
What is a key difference highlighted between officials serving in non-member countries and those within the Community?
What is a key difference highlighted between officials serving in non-member countries and those within the Community?
What is proposed to address the education costs for children of officials serving outside the Community?
What is proposed to address the education costs for children of officials serving outside the Community?
What is one of the key differences between officials serving in non-member countries and those serving in the Community?
What is one of the key differences between officials serving in non-member countries and those serving in the Community?
According to the Court, what did the applicant acknowledge regarding the treatment of officials?
According to the Court, what did the applicant acknowledge regarding the treatment of officials?
What aspect of working conditions for officials in non-member countries is highlighted in the proposal for a regulation?
What aspect of working conditions for officials in non-member countries is highlighted in the proposal for a regulation?
What does the practice of the EAC regarding accommodation for staff imply?
What does the practice of the EAC regarding accommodation for staff imply?
How often are staff in delegations serving outside the Community typically transferred?
How often are staff in delegations serving outside the Community typically transferred?
What does the applicant's statement imply about the advantages provided to officials in non-member countries?
What does the applicant's statement imply about the advantages provided to officials in non-member countries?
What rationale is provided for accommodating diplomatic staff abroad?
What rationale is provided for accommodating diplomatic staff abroad?
What is a characteristic of the living conditions in some non-member countries compared to the Community?
What is a characteristic of the living conditions in some non-member countries compared to the Community?
What is the main argument put forth by the applicant regarding Article 12 of Annex X?
What is the main argument put forth by the applicant regarding Article 12 of Annex X?
What does the applicant believe the expression 'may decide' indicates?
What does the applicant believe the expression 'may decide' indicates?
According to the Commission, who holds the ultimate decision-making power regarding payment in local currency?
According to the Commission, who holds the ultimate decision-making power regarding payment in local currency?
What does the applicant argue should happen if the Court follows their interpretation?
What does the applicant argue should happen if the Court follows their interpretation?
What does the expression 'all or part' signify in the context of the applicant's claim?
What does the expression 'all or part' signify in the context of the applicant's claim?
What is the Commission’s response to the applicant’s interpretation of Article 12?
What is the Commission’s response to the applicant’s interpretation of Article 12?
What does the applicant expect the Court to do regarding the contested measure?
What does the applicant expect the Court to do regarding the contested measure?
Which of the following is NOT a claim made by the applicant concerning Article 12 of Annex X?
Which of the following is NOT a claim made by the applicant concerning Article 12 of Annex X?
Flashcards
Remuneration rules
Remuneration rules
Principles for paying officials that consider differences in purchasing power across locations.
Purchasing power parity
Purchasing power parity
The concept that salaries should reflect equivalent buying power, regardless of location.
Official's location
Official's location
The place where an official works and resides.
Non-member country
Non-member country
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Staff Regulations
Staff Regulations
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Full salary payment
Full salary payment
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Annex X
Annex X
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Currency weighting
Currency weighting
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Weighting for Remuneration
Weighting for Remuneration
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Equivalence of Purchasing Power
Equivalence of Purchasing Power
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Article 11 of Annex X
Article 11 of Annex X
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Article 12 of Annex X
Article 12 of Annex X
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Internal Directives
Internal Directives
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Non-discrimination Principle
Non-discrimination Principle
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Impact on Officials' Salaries
Impact on Officials' Salaries
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Why Pay in Local Currency?
Why Pay in Local Currency?
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What are Annex X benefits intended to offset?
What are Annex X benefits intended to offset?
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What is a key difference in working conditions between EU officials and officials serving outside the EU?
What is a key difference in working conditions between EU officials and officials serving outside the EU?
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What does the Commission argue justifies the difference in treatment for EU and non-EU officials?
What does the Commission argue justifies the difference in treatment for EU and non-EU officials?
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How is the 'practice of certain Member States' related to the accommodation of EU officials?
How is the 'practice of certain Member States' related to the accommodation of EU officials?
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Why is housing a key concern for EU officials serving outside the EU?
Why is housing a key concern for EU officials serving outside the EU?
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What is the main argument for providing free accommodation to EU officials abroad?
What is the main argument for providing free accommodation to EU officials abroad?
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What is the 'frequent problems of mobility' faced by EU officials serving abroad?
What is the 'frequent problems of mobility' faced by EU officials serving abroad?
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What does the Commission's statement on Annex X benefits reveal about its priorities?
What does the Commission's statement on Annex X benefits reveal about its priorities?
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Appointing Authority
Appointing Authority
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Local Currency Payment
Local Currency Payment
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How is local currency payment decided?
How is local currency payment decided?
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Why could local currency payment cause problems?
Why could local currency payment cause problems?
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What if the appointing authority decides to pay only part of the salary locally?
What if the appointing authority decides to pay only part of the salary locally?
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Education for Officials' Children
Education for Officials' Children
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High Health Costs
High Health Costs
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Official's Responsibility for Insurance
Official's Responsibility for Insurance
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Assimilation to Diplomats
Assimilation to Diplomats
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Mobility and Center of Interests
Mobility and Center of Interests
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Differing Situation Abroad
Differing Situation Abroad
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Treating Officials Differently?
Treating Officials Differently?
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Examining the Second Question
Examining the Second Question
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What is the main argument against Articles 11 & 12 of Annex X?
What is the main argument against Articles 11 & 12 of Annex X?
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What is the key principle violated by Articles 11 & 12?
What is the key principle violated by Articles 11 & 12?
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How do Articles 11 & 12 create unfair treatment?
How do Articles 11 & 12 create unfair treatment?
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What is the consequence of this unfair treatment?
What is the consequence of this unfair treatment?
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How do officials in Belgium benefit from Annex X?
How do officials in Belgium benefit from Annex X?
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What is the difference between officials working in a non-member country and those in Belgium?
What is the difference between officials working in a non-member country and those in Belgium?
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What is the main argument against the weighting limit?
What is the main argument against the weighting limit?
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What is the applicant's claim regarding discrimination?
What is the applicant's claim regarding discrimination?
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Study Notes
Judgment of 15 December 1992 - Case T-47/91
- Officials from the European Commission in a non-member country are not required to pay accommodation or health care costs.
- The presumption of a 80% expenditure rate for officials in a non-member country, compared with a full expenditure rate for officials within the Community, is proportionate to the differing situations.
- Remuneration rules must account for differing purchasing power among officials depending on their location of employment.
- The applicant, Annick Auzat, requested remuneration in the currency of her place of employment (Geneva).
- Auzat, along with colleagues, sought payment in full Swiss francs, with weighting for the place of employment.
- The Director General for Personnel and Administration denied this request.
- The applicant complained under Article 90(2) of the Staff Regulations of Officials of the European Communities.
- This complaint was rejected by the Commission on 4 March 1991.
- The Commission raised an objection of inadmissibility based on Article 113 of the Rules of Procedure of the Court of First Instance.
- The applicant submitted observations on the objection of inadmissibility on 14 October 1991.
- The Court Case concerned the legal interpretation of Articles 11 and 12 of Annex X to the Staff Regulations.
- The case involved conflicting interpretations of the Staff Regulations, particularly Article 62 regarding payment of remuneration.
- The Court considered whether the different treatment for officials in non-member countries versus those in the Community was justified.
- The Court found the different treatment was justified by the differing situations.
- The Court dismissed the application and ordered each party to bear their own costs.
Facts giving rise to the dispute
- The applicant, Annick Auzat, was a Grade B1 official at the Commission's Permanent Delegation in Geneva.
- Her employment began 1 October 1989.
- On 7 February 1990, the applicant and colleagues requested payment of their full remuneration in the currency of her place of employment, with weighting.
- The Director General for Personnel and Administration denied the request in a memorandum dated 3 July 1990.
Procedure
- On 28 August 1990, the applicant (and colleagues) submitted a complaint under Article 90(2) of the Staff Regulations.
- The complaint was rejected on 4 March 1991
- Formal application was lodged at the Registry of the Court of First Instance on 17 June 1991.
- The Commission filed an objection of inadmissibility on 28 August 1991.
- Observations on the inadmissibility objection were submitted on 14 October 1991.
- The Court reserved its decision on the inadmissibility objection until its final judgment in accordance with Article 114(4) of the Rules of Procedure.
- The Court opened oral proceedings without a preliminary inquiry.
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Description
This quiz provides an analysis of the judgment delivered on 15 December 1992 in Case T-47/91. It explores the implications of accommodation and health care costs for European Commission officials in non-member countries, as well as the considerations for remuneration based on purchasing power. Test your understanding of the key arguments and legal principles involved.