Hem: Teman: Arbetsrätt:

EU-domstolens avgörande :
Dom av den 7 juni 1972, Sabbatini-Bertoni mot parlamentet, 20/71, EU:C:1972:48

Celex : 61971CJ0020
Referens till den tryckta rättsfallssamlingen : [ECR] 1972 s. 345
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Arbetsdomstolens domar med hänvisningar till rättsfallet ( 2 st. ) : AD 1997 nr 69 | AD 1999 nr 103

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IN CASE 20/71

LUISA SABBATINI, NEE BERTONI, ( WIFE OF SERENO SABBATINI ), AN OFFICIAL OF THE EUROPEAN PARLIAMENT, RESIDING IN SOLEUVRE ( GRAND DUCHY OF LUXEMBOURG ), REPRESENTED BY MARCEL GREGOIRE, ADVOCATE AT THE COUR D’ APPEL, BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF TONY BIEVER, 83 BOULEVARD GRANDE-DUCHESSE-CHARLOTTE, APPLICANT,

V

EUROPEAN PARLIAMENT, REPRESENTED BY ITS SECRETARY-GENERAL, HANS ROBERT NORD, ACTING AS AGENT, ASSISTED BY ALX BONN, A MEMBER OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE LATTER, 22 COTE D’ EICH, DEFENDANT,

Subject of the case


APPLICATION FOR THE ANNULMENT OF TWO DECISIONS OF THE EUROPEAN PARLIAMENT DEPRIVING THE APPLICANT OF THE BENEFIT OF AN EXPATRIATION ALLOWANCE,

Grounds


1THE APPLICATION SEEKS THE ANNULMENT OF THE DECISIONS OF 17 NOVEMBER 1970 AND 24 FEBRUARY 1971 BY WHICH, FOLLOWING THE APPLICANT’ S MARRIAGE, THE ADMINISTRATION OF THE EUROPEAN PARLIAMENT, ACTING IN PURSUANCE OF ARTICLE 4 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS, WITHDREW THE EXPATRIATION ALLOWANCE WHICH THE LATTER HAD PREVIOUSLY RECEIVED .

2IN SUPPORT OF HER APPLICATION, THE APPLICANT HAS ADVANCED TWO SUBMISSIONS, BASED ON THE ILLEGALITY OF ARTICLE 4 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS AND, ALTERNATIVELY, ON AN INFRINGEMENT OF THAT PROVISION .

3AS HER PRINCIPAL SUBMISSION THE APPLICANT CLAIMS THAT ARTICLE 4 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS, ON WHICH THE CONTESTED DECISIONS ARE FOUNDED, IS ILLEGAL BECAUSE IT IS CONTRARY TO A GENERAL PRINCIPLE OF LAW PROHIBITING ANY DISCRIMINATION ON GROUNDS OF SEX AND, MORE PARTICULARLY, BECAUSE IT IS CONTRARY TO ARTICLE 119 OF THE EEC TREATY RELATING TO THE PRINCIPLE OF EQUAL PAY FOR MALE AND FEMALE WORKERS .

4UNDER ARTICLE 4 ( 3 ) OF ANNEX VII AN OFFICIAL ” WHO MARRIES A PERSON WHO AT THE DATE OF MARRIAGE DOES NOT QUALIFY FOR THE ALLOWANCE SHALL FORFEIT THE RIGHT TO EXPATRIATION ALLOWANCE UNLESS THAT OFFICIAL THEREBY BECOMES A HEAD OF HOUSEHOLD ”.

5ALTHOUGH THIS PROVISION DOES NOT OF ITSELF CREATE ANY DIFFERENCE OF TREATMENT AS BETWEEN THE SEXES, IT MUST HOWEVER BE EXAMINED IN CONJUNCTION WITH ARTICLE 1 ( 3 ) OF THE SAME ANNEX, WHICH PROVIDES THAT THE TERM ” HEAD OF HOUSEHOLD ” NORMALLY REFERS TO A MARRIED MALE OFFICIAL, WHEREAS A MARRIED FEMALE OFFICIAL IS CONSIDERED TO BE HEAD OF HOUSEHOLD ONLY IN EXCEPTIONAL CIRCUMSTANCES, IN PARTICULAR IN CASES OF INVALIDITY OR SERIOUS ILLNESS OF THE HUSBAND .

6IT IS THUS CLEAR THAT THE PROVISION THE VALIDITY OF WHICH IS CONTESTED DOES IN FACT CREATE A DIFFERENCE OF TREATMENT AS BETWEEN MALE AND FEMALE OFFICIALS INASMUCH AS IT RENDERS THE RETENTION OF THE EXPATRIATION ALLOWANCE CONDITIONAL UPON THE ACQUISITION OF THE STATUS OF HEAD OF HOUSEHOLD WITHIN THE MEANING OF THE STAFF REGULATIONS .

7IT IS THEREFORE NECESSARY TO EXAMINE WHETHER THIS DIFFERENCE OF TREATMENT IS SUCH AS TO AFFECT THE VALIDITY OF THE CONTESTED PROVISION OF THE STAFF REGULATIONS .

8THE PURPOSE OF THE EXPATRIATION ALLOWANCE IS TO COMPENSATE FOR THE SPECIAL EXPENSES AND DISADVANTAGES RESULTING FROM ENTRY INTO THE SERVICE OF THE COMMUNITIES FOR THOSE OFFICIALS WHO – IN THE CONDITIONS MORE FULLY SET OUT IN ARTICLE 4 ( 1 ) OF ANNEX VII – ARE THEREBY OBLIGED TO CHANGE THEIR PLACE OF RESIDENCE .

9ARTICLE 4, TAKEN AS A WHOLE, INDICATES THAT THE EXPATRIATION ALLOWANCE IS PAID TO MARRIED OFFICIALS NOT ONLY IN CONSIDERATION OF THE PERSONAL SITUATION OF THE RECIPIENT, BUT ALSO OF THE FAMILY SITUATION CREATED BY THE MARRIAGE .

10THUS ARTICLE 4 ( 3 ) TAKES INTO ACCOUNT THE NEW FAMILY SITUATION ENTERED UPON BY THE OFFICIAL WHEN HE OR SHE MARRIES A PERSON WHO DOES NOT SATISFY THE CONDITIONS FOR THE GRANT OF THE EXPATRIATION ALLOWANCE .

11THE WITHDRAWAL OF THE ALLOWANCE FOLLOWING THE MARRIAGE OF THE RECIPIENT MIGHT BE JUSTIFIED IN CASES IN WHICH THIS CHANGE IN THE FAMILY SITUATION IS SUCH AS TO BRING TO AN END THE STATE OF ” EXPATRIATION ” WHICH IS THE JUSTIFICATION FOR THE BENEFIT IN QUESTION .

12IN THIS RESPECT, THE STAFF REGULATIONS CANNOT HOWEVER TREAT OFFICIALS DIFFERENTLY ACCORDING TO WHETHER THEY ARE MALE OR FEMALE, SINCE TERMINATION OF THE STATUS OF EXPATRIATE MUST BE DEPENDENT FOR BOTH MALE AND FEMALE OFFICIALS ON UNIFORM CRITERIA, IRRESPECTIVE OF SEX .

13CONSEQUENTLY, BY RENDERING THE RETENTION OF THE ALLOWANCE SUBJECT TO THE ACQUISITION OF THE STATUS OF ” HEAD OF HOUSEHOLD ” – AS IT IS DEFINED IN ARTICLE 1 ( 3 ) – THE STAFF REGULATIONS HAVE CREATED AN ARBITRARY DIFFERENCE OF TREATMENT BETWEEN OFFICIALS .

14CONSEQUENTLY, THE DECISIONS TAKEN WITH REGARD TO THE APPLICANT ARE DEVOID OF ANY LEGAL BASIS AND MUST BE ANNULLED IN PURSUANCE OF ARTICLE 184 OF THE EEC TREATY .

15IN THESE CIRCUMSTANCES, THERE IS NO NEED TO GIVE A DECISION ON THE ALTERNATIVE SUBMISSION .

Decision on costs


16UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

17SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .

Operative part


THE COURT ( SECOND CHAMBER )

HEREBY :

1. ANNULS THE DECISIONS OF 17 NOVEMBER 1970 AND 24 FEBRUARY 1971 BY WHICH THE EUROPEAN PARLIAMENT WITHDREW THE APPLICANT’ S EXPATRIATION ALLOWANCE;

2. ORDERS THE EUROPEAN PARLIAMENT TO BEAR THE COSTS OF THE PROCEEDINGS .

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