Implications of the Court’s Ruling on Travel Allowances: What You Need to Know
Background
Recently the Court of Justice declared that the provision in the Staff Regulations determining that in case of a place of origin outside the EU the annual travel allowance should be based on the distance between the place of employment and the capital of the Member State of nationality violates EU law. The travel allowance should instead be based on a strict application of the distance between the place of employment and the place of origin.
The Commission decided to apply this judgement to all staff, without changing the Staff Regulations. While many colleagues have benefitted from the new calculation, in numerous cases colleagues have faced a considerable decrease in the allowance. The situation is even more complicated for staff service outside the EU, because the allowance was paid out in June based on the existing rules, resulting in requests to pay back considerable amounts.
Union Syndicale Brussels believes that applying to a court case to reduce allowances without changing the Staff Regulations, violates the TFEU. We are furthermore convinced that many colleagues did not appeal against the incorrect determination of the place origin, because it was – based on the Staff Regulations – not in their interests. The colleagues should be offered the opportunity to correct their place of origin.
USB has prepared legal steps to challenge the negative application of the rules. In order to explain what is planned and which steps staff should take to benefit from this legal action, we will organise a webinar during which affected staff members will be informed of the legal action we have prepared. Our experts will also answer any questions staff might have.
The webinar is intended for all staff members who face negative consequences due to the revised calculation of the annual travel allowance, notably staff in delegation.
All staff are welcome
When: Thursday, 03 October 2024, from 13h30-15h00
Where: Zoom Meeting Room
FREE and OPEN to all EU staff, members and non-members of Union Syndicale.
For those who missed the webinar and couldn’t attend live session, please find the recorded version below:
The video is outlining the action Union Syndicale Brussels is preparing to defend those staff members who have been confronted by a lower of their annual travel allowance based on a recent judgement by the Court of Justice.
As explained in the video, please complete the template of an Article 90 complaint you find below with your personal data.
Please note that the appeal must be introduced between
20 and 30 October
in order to allow us to prepare – if necessary – a joint court case.
The appeal has to be addressed to either the Commission or the EEAS, depending on your competent administration.
Note: the video explains in detail the two elements of the appeal, please watch it carefully before completing the template.
