Judgment No. 2597
The complaint is dismissed.
"The expatriation allowance [...] is intended to compensate for certain disadvantages suffered by persons who are obliged, because of their work, to leave their country of origin and settle abroad. The disadvantages are indeed greater for them than for those who do not have the nationality of the country of their duty station either, but who have been living in that country for quite a long time before taking up their duties. Equal treatment demands that the provisions establishing the right of international civil servants to receive an expatriation allowance take fair and reasonable account of these different situations. The length of time for which foreign permanent employees have lived in the country where they will be serving, before they take up their duties, therefore forms an essential criterion for determining whether they may receive this allowance. It has been held that the period of three years' residence required by Article 72(1)b) of the Service Regulations is not unreasonable (see Judgment 1864, under 6)."
Organization rules reference: Article 72(1)b) of the Service Regulations
Jugement(s) TAOIT: 1864
nationality; time limit; equal treatment; duty station; allowance; residence; non-resident allowance; compensatory measure; criteria; purpose