Judgment No. 1864
The complaints and the applications to intervene are dismissed.
Considerations 2, 5 and 6
"Article 72(1) [of the Service Regulations] rules that employees who are nationals of a country other than the one they work in have no right to an expatriation allowance if, when taking up their duties, they had already been permanently resident there for more than three years. [W]hile the system could certainly be improved, it is in line with legal requirements that the applicable rules should precisely define the notion of 'expatriation', and fix a length of residence in the country prior to employment beyond which an employee may not be considered as expatriate. [N]aturally, the length of residence to be taken into account in order to make the distinction may be challenged, but in this matter the tribunal recognises the organisation's discretion, provided that the exercise of such power has no adverse consequences. in this case, a period of three years' residence beyond which the complainants may not be considered as 'expatriates' would appear reasonable."
Organization rules reference: ARTICLE 72 (1) OF THE EPO SERVICE REGULATIONS
ILOAT Judgment(s): 754
nationality; staff regulations and rules; duty station; residence; non-resident allowance; date