Judgment No. 472
Decision
THE COMPLAINT IS DISMISSED.
Consideration 6
Extract:
"The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."
Keywords
applicable law; law of european communities; rule of another organisation; allowance; education expenses; purpose
Considerations 4, 7 and 8
Extract:
According to a statutory provision, an education allowance is payable for a child "regularly attending, on a full-time basis, an educational establishment." The purpose of the intensive language courses taken by the complainant's son was to provide "further instruction in a particular area, not in furtherance of general education, but solely to facilitate in practice the exercise of a profession." The fact that the studies lasted for six consecutive months does not alter the character of the studies. The school in question "can be regarded only as a college providing training for taking up employment." The allowance is therefore not payable.
Keywords
allowance; education expenses; condition
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