In the past few months, Generation 2004 published several articles on the Court of Justice’s April 2024 judgement [1] on the place of origin [2]. The issue contested was the 2014 staff regulations reform which moved all places of origin located outside the EU to the capital city of the staff Member State. The colleagues won their case, reinstating the real place of origin. We provided an analysis on repercussions [3] on staff and mentioned that Generation 2004 was in close contact with the administration to mitigate as much as possible the negative effects of the judgement that has negatively affected approximately 300 colleagues.
Those colleagues who now find that their real place of origin is reinstated, but that the travel distance is now shorter than it was before, see a reduction of the travel allowance. Regrettably, many colleagues received a notification informing them that following the above-mentioned judgement their travel allowance was going to be reduced accordingly. This meant that the higher amount they received in June was going to be recovered in the following months, hence appearing as a debt in their July salary slip.
This is exactly what we have been trying to avoid. We have colleagues who in good faith applied the applicable rules when recruited and now find themselves penalised because of a formal aspect that indisputably clashes with the substantial fact that these colleagues have their center of interest in Europe.
We have cases where colleagues are being asked to reimburse significant amounts of money as many of them work in very remote countries with many dependents living with them.
For those colleagues recruited within a year from the judgement date, such negative impact is mainly due to the awful timing of the judgement. The judgement was published in April only two months before the payment of the travel allowance. The administration had no time to request affected colleagues to change their place of origin (assuming they had the intention), hence applied the judgement across the board. If, for instance, the judgement had been published in December, the affected colleagues would have had enough time to submit their requests to change their place of origin.
In June, the EEAS informed staff of the judgement and its consequences [4], but there was no mention whatsoever on possible ways to rectify the position of those colleagues who now find themselves with a new place of origin and a reduced travel allowance[1].
For the future, if you believe that besides your work responsibilities you have no other link in your country of posting, you should introduce a declaration for a new Place of Origin via SYSPER within a year from the date of your recruitment. The applicable rules and procedure on how to do this may be consulted here [2]. Please bear in mind that the change of Place of Origin is the exclusive competence of PMO.
For the present, Generation 2004 will keep exploring all possible avenues, including legal action, which may lead to the reinstatement of the travel allowance for those who partially or entirely lost it in 2024.
In the meantime, Generation 2004 sent a note addressed to DGHR [5] denouncing the abovementioned situation and requesting the administration to rectify it in good time.
In addition, Andrea Janoha [6], our Outside the union Section Chair, is coordinating possible legal action on behalf of all affected staff, together with a number of colleagues who have already contacted Generation 2004 for support.
Please don’t hesitate to contact us [7] or directly Andrea if you are among the ones negatively affected by the Court judgement..
[1] Please don’t get stuck: there are options available, particularly where there is a perfect storm of financial hits. If you don’t see your circumstances here then please check out staff matters [8], send some emails and get in touch!
- CCOPS [9]Advisory Committee on Welfare Grants and Loans
- New guidelines to help families in serious hardship: Option to work 95% on full salary made more accessible [10]
- Reimbursement for specific events [11] e.g. funeral expenses
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Article 72(3) of the staff regulations: special reimbursement from the joint sickness insurance scheme (JSIS) for part of the medical costs that you have had to meet yourself: the cumulative costs that you have had to meet yourself … exceed half of your average basic monthly salary (or pension) over a 12-month period.(Staff Matters [12]).