Opinion of the Advocate General — ECLI:EU:C:2000:63
Date: 2000-02-03
Language of the case: German
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases

Summary of the Judgment 
1. Appeals — Pleas in law — Admissibility — Conditions — Submission of arguments 
also raised before the Court of First instance — No effect 
(EC Treaty Art. 168A (now Art. 225 EC); EC Statute of the Court of Justice, 
Article 51, first subpara; Rules of Procedure of the Court, Art. 112(1 )(c)) 
2. Officials — Salary — Pensions — Weighting — Setting of weightings for Germany — 
Principle of the protection of legitimate expectations — Principle of good faith — 
Infringement — None 
(Council Regulations Nos 3834/91, 3761/92 and 3608/93) 
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SUMMARY — CASE C-82/98 P 
3. Officials — Actions — Act adversely affecting an official •— Concept — Tension slip 
sent to the official individually, establishing the amount of his pension in each case 
(Staff Regulations Art. 90(2) and 91) 
1. It follows from Article 168a of the 
Treaty (now Article 225 EC), the first 
paragraph of Article 51 of the Statute 
of the Court of Justice, and Arti­
cle 112(l)(c) of the Rules of Procedure 
that an appeal must indicate precisely 
the contested elements of the judgment 
which the appellant seeks to have set 
aside, and also the legal arguments 
specifically advanced in support of the 
appeal. 
If those conditions are met an appeal 
can be based on arguments which have 
already been presented at first instance 
in order to show that by dismissing the 
pleas in law and arguments presented 
to it by the appellant, the Court of First 
Instance infringed Community law. 
(see paras 19-23) 
2. An official cannot plead infringement 
of the principle of the protection of 
legitimate expectations if the adminis­
tration has not given him precise assur­
ances. 
Since Council Regulations Nos 
3834/91, 3761/92 and 3608/93 provide 
no basis for supposing it to be certain 
that the Council would adopt new 
weightings with retroactive effect for 
Germany, the Council cannot be regar­
ded as having aroused any legitimate 
expectation as to the adoption of such 
new weightings by those regulations. 
Nor, where it has not aroused any 
legitimate expectations, can the Coun­
cil be regarded as having infringed the 
principle of good faith by failing to 
adopt such new weightings. 
(see paras 33-36, 41) 
3. A pension slip may constitute an act 
adversely affecting an official within 
the meaning of Article 90(2) of the 
Staff Regulations, and may therefore be 
the subject of a complaint and possibly 
an action in so far as it is sent to the 
official individually and in each case 
establishes the amount of his pension. 
(see para. 47) 
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