Court of Justice of the European Communities (including Court of First Instance Decisions)

Order of the General Court (Fourth Chamber) of 17 January 2023 –
AL v Council and Commission

(Case T‑50/22)

(Civil service – Officials – Remuneration – Family allowances – Dependent child allowance – Article 2 of Annex VII to the Staff Regulations – Conditions for grant – Withdrawal of entitlement to the allowance – Recovery of undue payments – Article 91a of the Staff Regulations – Delegation to the PMO by the Commission – Action brought against the delegating institution – Inadmissibility)

Actions brought by officials – Capacity to be a defendant – Council of the European Union – Delegation of certain powers relating to individual rights to the Office for the Administration and Payment of Individual Entitlements (PMO) by the Commission – Action brought against the delegating authority – Inadmissibility

(Staff Regulations of Officials, Arts 2(2) and 91a; Council Decision 2019/792, Art. 1(1)(a) and (d))

(see paragraphs 13-24)

Operative part

1.

The action is dismissed as being inadmissible in so far as it has been brought against the Council of the European Union.

2.

AL shall bear his own costs and pay the costs incurred by the Council in the proceedings concerning the plea of inadmissibility.

3.

The costs are reserved as to the remainder.

© European Union
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