Opinion of the Advocate General — ECLI:EU:C:2005:262
Date: 2005-04-28
Language of the case: German
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC;Privileges and immunities
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Privileges and immunities of the European Communities — Officials and servants of the Communities — Decision of a community institution defining the status of one of its servants and determining his conditions of employment — Binding on the national activities (Protocol on the privileges and immunities of the European Communities, Arts 13 and 16) For the purposes of applying Articles 13 and 16 of the Protocol on the Privileges and Immunities of the European Communities, the decision of a Community institution defining the status of one of its servants and determining his conditions of employment is binding on national judicial and administrative authorities, so that they cannot make an independent classification of the employment relationship in question. (see para. 39, operative part)