ddrg/super_eurlex huggingface dataset:
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1 . OFFICIALS - DISPUTES WITH THE COMMUNITIES - CAPACITY TO APPEAR ON BEHALF OF THE COMMUNITY

( ECSC STAFF REGULATIONS, ARTICLES 90 AND 91 )

2 . ECSC OFFICIALS - DISPUTES WITH THE ADMINISTRATION - COMMITTEE OF PRESIDENTS MADE PARTY TO THE PROCEEDINGS - LEGAL EFFECTS OF MEASURES ADOPTED BY THIS COMMITTEE - INADMISSIBILITY

( ECSC TREATY, ARTICLE 78; ECSC STAFF REGULATIONS, ARTICLES 90 AND 91 )

3 . COMMITTEE OF PRESIDENTS - POWER TO MAKE REGULATIONS IN RELATION TO STAFF - POWER TO ADOPT MEASURES IMPLIES POWER TO AMEND THEM

4 . OFFICIALS - DUTIES PERFORMED AND GRADES - CORRESPONDENCE - PURPOSE AND EFFECTS OF THIS PRINCIPLE - SCOPE

( ECSC STAFF REGULATIONS, ARTICLE 5, ANNEX I )

Summary

1 . AN APPEAL TO THE COURT UNDER ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC MUST BE BROUGHT AGAINST THE INSTITUTION TO WHOM THE PERSON CONCERNED IS RESPONSIBLE . THAT INSTITUTION IS AUTHORIZED TO APPEAR ON BEHALF OF THE COMMUNITY .

CF . PARA . 1 OF SUMMARY IN CASE 18/63, REC . 1964, P . 167 .

2 . IN VIEW OF THE NATURE OF THE DUTIES ASSIGNED TO THE COMMITTEE OF THE FOUR PRESIDENTS BY ARTICLE 78 OF THE TREATY, MEASURES ADOPTED BY IT ARE ONLY CAPABLE OF PRODUCING LEGAL EFFECTS AS REGARDS SERVANTS OF THE COMMUNITY BY MEANS OF DECISIONS OF THE INSTITUTIONS ON WHICH SUCH MEASURES ARE BINDING .

THE LEGALITY OF MEASURES ADOPTED BY THE COMMITTEE OF PRESIDENTS MAY BE CONTESTED BY SUCH SERVANTS ONLY THROUGH SUCH INSTITUTIONS . CONSEQUENTLY AN ACTION BROUGHT BY A SERVANT OF THE COMMUNITY AGAINST THAT COMMITTEE CANNOT BE ADMISSIBLE .

3 . PARAGRAPH 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS PRESUPPOSES THAT THE COMMITTEE OF PRESIDENTS HAS POWER TO MAKE REGULATIONS IN RELATION TO STAFF . IT IS USUAL AND IN ACCORDANCE WITH THE PROPER FUNCTIONING OF ANY ADMINISTRATION THAT A BODY WHICH HAS POWER TO ADOPT REGULATIONS IN A PARTICULAR FIELD SHOULD LIKEWISE HAVE THE POWER TO AMEND THEM .

4 . THE AIM OF THE PRINCIPLE OF THE CORRESPONDENCE BETWEEN DUTIES PERFORMED AND THE GRADE WHICH FORMS THE BASIS OF ANNEX I TO THE STAFF REGULATIONS, AS ALSO OF ARTICLE 5 REFERRING TO THE DEFINITION OF DUTIES AND POWERS DRAWN UP BY EACH INSTITUTION, IS ON THE ONE HAND TO AVOID INEQUALITY OF TREATMENT BETWEEN OFFICIALS TO WHOM DUTIES OF A COMPARABLE NATURE HAVE BEEN VALIDLY ASSIGNED, AND ON THE OTHER HAND TO ENSURE THAT NO OFFICIAL IS REQUIRED TO GIVE SERVICES WHICH DO NOT FALL WITHIN THE DEFINITION OF THE DUTIES ATTACHING TO HIS POST .

WHERE, HOWEVER, INDEPENDENTLY OF THE WISHES OF THE APPOINTING AUTHORITY, A SERVANT PERFORMS DUTIES WHICH, ACCORDING TO THE SCALE OF POSTS, RELATE TO A POST HIGHER THAN THAT WHICH THE APPOINTING AUTHORITY INTENDED TO ACCORD TO HIM, THIS CANNOT CONFER UPON THE SERVANT IN QUESTION THE RIGHT TO BE RECLASSIFIED IN A HIGHER GRADE .
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1 . PROCEDURE - APPLICATION - LAWYERS - CERTIFICATE OF ENTITLEMENT TO PRACTISE - PRODUCTION OF AUTHORITY TO ACT NOT REQUIRED

( RULES OF PROCEDURE, ARTICLE 38(3 ))

2 . MEASURES ADOPTED BY THE COMMUNITY - APPLICATION FOR ANNULMENT - NEW MEASURE IDENTICAL TO THE UNANNULLED PART OF A FORMER MEASURE PARTLY ANNULLED - RES JUDICATA

Summary

1 . THE LAWYER ACTING FOR A PARTY IS REQUIRED ONLY TO ESTABLISH HIS PROFESSIONAL STATUS AS A LAWYER AND IS NOT REQUIRED TO PRODUCE A DULY EXECUTED AUTHORITY TO ACT IN THE LODGING OF AN APPLICATION, SUBJECT TO PROOF IF CHALLENGED THAT HE IS SO AUTHORIZED .

2 . A MEASURE ADOPTED BY AN INSTITUTION CONSTITUTES RES JUDICATA IN SO FAR AS IT CONSISTS OF A MERE REPETITION OF THE UNANNULLED PART OF A FORMER MEASURE WHICH HAS BEEN PARTLY ANNULLED .
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PROCEDURE - JUDGMENT GRANTING ANNULMENT - LEGAL EFFECTS - LIMITED TO THE PARTIES AND TO THE PERSONS DIRECTLY CONCERNED BY THE MEASURE ANNULLED - JUDGMENT CONSTITUTING A NEW FACT - CONCEPT

Summary

CF . PARAGRAPH 4, SUMMARY IN CASE 43/64 ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .
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1 . PROCEDURE - PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - SOCIAL INSURANCE - SICKNESS AND MATERNITY - BENEFITS IN KIND WITHIN THE MEANING OF ARTICLE 22 OF REGULATION NO 3 - CONCEPT

Summary

1 . CF . PARAGRAPH 1, SUMMARY, CASE 24/64 ( 1964 ) ECR 647 .

UNDER THE TERMS OF ARTICLE 177, THE COURT, WHEN GIVING A PRELIMINARY RULING, ONLY HAS JURISDICTION TO GIVE A RULING ON THE INTERPRETATION OF THE TREATY AND OF MEASURES OF THE INSTITUTIONS OF THE COMMUNITY, BUT CAN NEITHER APPLY THE TREATY AND SUCH MEASURES TO A SPECIFIC CASE, NOR RULE ON THE INTERPRETATION OF THE NATIONAL LAW OF A MEMBER STATE .

*/ 664J0024 /*.

2 . THE EXPRESSION ' BENEFITS IN KIND ' WITHIN THE MEANING OF ARTICLE 22 OF REGULATION NO 3 REFERS TO BENEFITS IN RESPECT OF A SPECIFIC CASE OF SICKNESS OR MATERNITY AND DOES NOT APPLY TO SUPPLEMENTARY PENSION PAYMENTS INTENDED AS A CONTRIBUTION TO THE FINANCING OF THE BENEFICIARY'S SICKNESS INSURANCE .
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1 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - CONTRIBUTIONS - EXEMPTIONS - PRINCIPLES

( ECSC TREATY, ARTICLE 53 )

2 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION - FERROUS SCRAP - EXEMPTIONS - OWN RESOURCES - CONCEPT

( ECSC TREATY, ARTICLE 53 )

Summary

1 . THE CONDITIONS FOR GRANTING EXEMPTION FROM CONTRIBUTIONS UNDER AN EQUALIZATION SCHEME MUST BE INTERPRETED STRICTLY AND MUST BE CONSISTENT WITH THE AIMS, THE BASIC PRINCIPLES AND REQUIREMENTS FOR THE PROPER FUNCTIONING OF SUCH A SCHEME, IN PARTICULAR THE PRINCIPLE OF THE EQUAL LIABILITY OF ALL THOSE AFFECTED TO PAY CONTRIBUTIONS SHARED IN PROPORTION TO THE AMOUNTS RESPECTIVELY CONSUMED, AND THE REQUIREMENT THAT THE SCHEME BE APPLIED IMPARTIALLY TO ALL THOSE SUBJECT TO IT .

NO EXEMPTION FROM EQUALIZATION CONTRIBUTIONS CAN BE ALLOWED WHICH WOULD TEND TO INCREASE SUBSTANTIALLY DIFFERENCES IN PRODUCTION COSTS, OTHERWISE THAN BY ALTERING THE LEVEL OF OUTPUT, AND THEREBY BRING ABOUT AN APPRECIABLE DISEQUILIBRUM IN THE COMPETITIVE RELATIONSHIPS BETWEEN UNDERTAKINGS .

2 . ANY EXEMPTION FROM EQUALIZATION CONTRIBUTIONS WHICH DEPENDS NOT ON THE WAY IN WHICH AN UNDERTAKING ARRANGES ITS PRODUCTION BUT ON THE CONTRACTUAL RELATIONSHIPS WHICH IT HAS WITH OTHER UNDERTAKINGS IS NOT COMPATIBLE WITH THE EQUALIZATION SCHEME . CLASSIFICATION OF SCRAP AS ' OWN RESOURCES ' IS NOT NECESSARILY DEPENDENT ON THE CONCEPT OF OWNERSHIP OF THE SCRAP, BUT IS INTENDED TO APPLY IN THE MAIN TO SCRAP WHICH IS GENUINELY THE PRODUCT OF AN UNDERTAKING'S OWN ACTIVITY .
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1 . LIABILITY OF THE ECSC - FINANCIAL ARRANGEMENTS - EQUALIZATION - NORMAL DISADVANTAGES - ABSENCE OF HARM

2 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - CALCULATION OF CONTRIBUTIONS - ESTIMATED ASSESSMENT - CONDITIONS

( ECSC TREATY, ARTICLE 53 )

Summary

1 . CF . PARA . 1, SUMMARY, JOINED CASES 14, 16, 17, 20, 24, 26 AND 27/60 AND 1/61 ( 1961 ) ECR 161 .

THE DISADVANTAGES WHICH ARE BOUND TO BE INHERENT IN THE SYSTEM OF EQUALIZATION ARE NORMAL AND DO NOT AMOUNT TO AN INJURY GIVING RISE TO A CLAIM FOR REPARATION . UNCERTAINTY AS TO THE RATE OF EQUALIZATION, EVEN IF THE AMOUNT APPLICABLE FOR A SINGLE PERIOD HAS BEEN INCREASED BY A CONSIDERABLE AMOUNT, IS REGARDED AS SUCH A DISADVANTAGE PROVIDED THAT EXPERIENCED PRODUCERS HAVE BEEN ABLE TO TAKE THESE INCREASES INTO ACCOUNT IN THEIR ESTIMATES .

*/ 661J0014 /*.

2 . IN ORDER TO BE ENTITLED TO MAKE AN ESTIMATED ASSESSMENT, THE HIGH AUTHORITY MUST PROVE THAT THE UNDERTAKING IN QUESTION HAS FAILED EITHER TO PRODUCE THE INFORMATION NECESSARY FOR CALCULATING ITS CONTRIBUTIONS OR TO SUPPLY PROOF IN SUPPORT OF IT .
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1 . OFFICIALS - RETIREMENT BY INSTITUTION - PROCEDURE - PLURALITY OF CONNECTED STEPS - APPLICATION AGAINST THE MEASURE RETIRING AN OFFICIAL - POSSIBILITY OF CONTESTING THE LEGALITY OF EARLIER STEPS

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC, ARTICLE 91; STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 53 )

2 . OFFICIALS - RETIREMENT BY INSTITUTION - WRITTEN FORM OBLIGATORY

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 53 )

3 . OFFICIALS - RETIREMENT BY INSTITUTION - OBLIGATION OF THE PERSON CONCERNED TO CO-OPERATE - POWERS OF THE ADMINISTRATION IF THE PERSON CONCERNED FAILS TO ACT

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC, ARTICLE 91; STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 53, ANNEX II, ARTICLE 7 )

Summary

1 . SINCE THE VARIOUS STEPS COMPRISING THE PROCEDURE FOR RETIRING AN OFFICIAL FORM A SINGLE ENTITY, IT MUST BE ACCEPTED THAT IN AN ACTION CONTESTING THE RETIREMENT DECISION, THE APPLICANT MAY CONTEST THE LEGALITY OF EARLIER STEPS WHICH ARE CLOSELY LINKED TO IT . A SUBMISSION OF INADMISSIBILITY ON THE GROUND THAT AN APPEAL AGAINST THESE STEPS WAS OUT OF TIME IS THEREFORE INADMISSIBLE .

CF . PARA . 1, SUMMARY, JOINED CASES 12 AND 29/64, ( 1965 ) ECR 144 .

2 . A DECISION TO RETIRE AN OFFICIAL MUST BE MADE IN WRITING .

3 . THE GUARANTEES CONFERRED BY THE STAFF REGULATIONS WITH REGARD TO RETIRING AN OFFICIAL MUST NOT BE INTERPRETED AS MEANING THAT IT IS POSSIBLE FOR THE PERSON CONCERNED TO OBJECT TO THE FORMATION OF AN INVALIDITY COMMITTEE, PARTICULARLY BY REFUSING TO APPOINT A DOCTOR OF HIS OWN CHOICE . IT FOLLOWS FROM THE FUNDAMENTAL DUTY OF LOYALTY AND CO-OPERATION WHICH ALL OFFICIALS OWE TO THE AUTHORITY TO WHICH THEY BELONG THAT THE POWER TO APPOINT A DOCTOR AT THE SAME TIME CONSTITUTES A DUTY .

THE ADMINISTRATION HAS THE POWER, IF NECESSARY, TO REMEDY THE FAILURE OF THE PERSON CONCERNED TO APPOINT A DOCTOR IN ORDER TO ENSURE THE SETTING UP AND FUNCTIONING OF AN INVALIDITY COMMITTEE, PROVIDED THAT ANY ELEMENT OF AN ARBITRARY NATURE IS AVOIDED AND THAT THE OFFICIAL'S INTERESTS ARE NOT UNNECESSARILY HARMED .
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1 . MEMBER STATES - SOVEREIGNTY - LIMITATION IN FAVOUR OF COMMUNITY INSTITUTIONS - FISCAL SOVEREIGNTY INVOLVED

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVY - CONCEPT

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - LEVY - LEGALITY - VALIDITY OF RULES NOT AFFECTED BY THE NATURE OF THE LEVY

4 . AGRICULTURE - POULTRY MEAT - COMMON ORGANIZATION OF THE MARKETS - SLUICE-GATE PRICE - INTERNAL FREE-AT-FRONTIER PRICE - LEVY - INCREASE BY THE IMPORTING MEMBER STATE - LEGALITY

( REGULATION NO 22 OF THE COUNCIL, ARTICLE 6(3 ) AND ( 4 ))

5 . AGRICULTURE - POULTRY MEAT - COMMON ORGANIZATION OF THE MARKETS - IMPORTS FROM THIRD COUNTRIES - SLUICE-GATE PRICE - INTERNAL FREE-AT-FRONTIER PRICE - LEVY - INCREASE - INDIVIDUAL OFFER PRICES NOT TO BE TAKEN INTO CONSIDERATION

( REGULATION NO 22 OF THE COUNCIL, ARTICLE 6(3 ); REGULATION NOS 109/62 AND 135/62 OF THE COMMISSION )

6 . INSTITUTIONS OF THE EEC - COMMON PROVISIONS - REGULATIONS - ENTRY INTO FORCE - DATE - POWER OF THE INSTITUTIONS TO FIX THAT DATE - REVIEW BY THE COURT

( EEC TREATY, ARTICLE 191 )

Summary

1 . WHEN THE MEMBER STATES CONFERRED POWERS ON THE COMMUNITY INSTITUTIONS, THEY AGREED TO A CORRESPONDING LIMITATION IN THEIR SOVEREIGN RIGHTS . IN ACCORDANCE WITH THE TREATY THE FISCAL SPHERE IS NOT AUTOMATICALLY EXCLUDED FROM THOSE LIMITATIONS .

2 . THE AGRICULTURAL LEVY, WHICH IS BASED ON COMMUNITY LAW, AND NOT ON NATIONAL LAW, CONSTITUTES A CHANGE REGULATING EXTERNAL TRADE AND IS CONNECTED WITH A COMMON PRICE POLICY, WHATEVER SIMILARITIES IT MAY HAVE TO A TAX OR A CUSTOMS DUTY .

3 . THE TREATY ESTABLISHING THE EEC CONFERRED ON THE INSTITUTIONS OF THAT COMMUNITY THE RIGHT TO ESTABLISH SYSTEMS OF LEVY DIRECTLY APPLICABLE IN THE MEMBER STATES IN ORDER TO SET UP A COMMON ORGANIZATION OF AGRICULTURAL MARKETS; CONSEQUENTLY THE VALIDITY OF THE SAID REGULATION CANNOT BE AFFECTED BY THE CHARACTER OF THE LEVY THUS ESTABLISHED AS EITHER A CUSTOMS DUTY OR A TAX .

4 . PURSUANT TO ARTICLE 6(3 ) AND ( 4 ) OF REGULATION NO 22, THE GENERAL METHODS OF FIXING THE AMOUNTS ADDITIONAL TO THE LEVY ARE TO BE DETERMINED BY THE COMMISSION OR, IF NECESSARY, BY THE COUNCIL; THE SAME PROVISIONS AUTHORIZE THE IMPORTING MEMBER STATE TO FIX THE AMOUNT ADDITIONAL TO THE LEVY, WHILST IT FALLS WITHIN THE POWERS OF THE COMMISSION OR, IF NECESSARY, OF THE COUNCIL ACCORDING TO THE PROCEDURE LAID DOWN IN ARTICLE 17, WHEN A DECISION HAS BEEN TAKEN TO FORMULATE A MEASURE JOINTLY .

5 . THE VALIDITY OF REGULATION NO 135/62 OF THE COMMISSION WITH REGARD TO REGULATION NO 22 OF THE COUNCIL AND REGULATION NO 109/62 OF THE COMMISSION IS NOT AFFECTED BY THE FACT THAT IT DID NOT TAKE INTO ACCOUNT THE INDIVIDUAL OFFER PRICE IN FIXING THE ADDITIONAL LEVY .

6 . THE LIBERTY GRANTED BY THE TREATY TO THE AUTHORS OF A REGULATION TO FIX THE DATE OF ITS ENTRY INTO FORCE CANNOT BE CONSIDERED AS EXCLUDING ANY REVIEW BY THE COURT, PARTICULARLY WITH REGARD TO ANY RETROACTIVE EFFECT .
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1 . OFFICIALS - RECRUITMENT - CRITERIA - INTERESTS OF THE SERVICE AND GEOGRAPHICAL BALANCE - RECONCILIATION OF THESE REQUIREMENTS - NATIONALITY AS AN OVERRIDING CRITERION IF QUALIFICATIONS ARE EQUAL

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLES 7, 27 )

2 . OFFICIALS - RECRUITMENT - CRITERIA - GEOGRAPHICAL BALANCE - DIRECTORATE-GENERAL AS FIELD OF APPLICATION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 7 )

3 . OFFICIALS - RECRUITMENT - CRITERIA - RATIONALIZATION OF THE SERVICE AS A RESULT OF THE MERGER TREATY - PRINCIPLE OF ENTITLEMENT TO CAREER PROSPECTS - OVERRIDING CRITERION IN RELATION TO THE PRINCIPLE OF GEOGRAPHICAL BALANCE

( MERGER TREATY, ANNEX I )

Summary

1 . IT IS CLEAR FROM ARTICLE 7 OF THE STAFF REGULATIONS READ TOGETHER WITH ARTICLE 27 THEREOF THAT, WHEN THE COMMISSION RECRUITS, PROMOTES AND ASSIGNS ITS SERVANTS TO POSTS, IT MUST BE GUIDED ON THE ONE HAND BY THE INTERESTS OF THE SERVICE WITHOUT REGARD TO NATIONALITY AND ON THE OTHER HAND MUST ENSURE THAT THEY ARE RECRUITED ON THE WIDEST POSSIBLE GEOGRAPHICAL BASIS FROM AMONG NATIONALS OF THE MEMBER STATES OF THE COMMUNITIES . THE COMMISSION RECONCILES THESE REQUIREMENTS WHEN, IN THOSE CASES WHERE THE QUALIFICATIONS OF THE VARIOUS CANDIDATES ARE SUBSTANTIALLY THE SAME, IT MAKES NATIONALITY THE OVERRIDING CRITERION IN ORDER TO MAINTAIN OR RE-ESTABLISH A GEOGRAPHICAL BALANCE AMONG ITS STAFF .

2 . THE FULFILMENT OF THE OBLIGATION TO SECURE THE RECRUITMENT OF OFFICIALS ON THE BROADEST POSSIBLE GEOGRAPHICAL BASIS MUST NOT BE LIMITED TO A SMALL NUMBER OF POSTS WITHIN A SINGLE DIRECTORATE-GENERAL .

3 . IN THE SPECIAL CONDITIONS APPLICABE TO THE TASK IMPOSED BY THE MERGER TREATY COMPLIANCE WITH THE PRINCIPLE THAT PROPER REGARD SHOULD BE HAD FOR THE CAREER PROSPECTS OF OFFICIALS MUST TAKE PRECEDENCE OVER CONSIDERATIONS RELATING TO THE MAINTENANCE OF A GEOGRAPHICAL BALANCE IN THE COMPOSITION OF THE STAFF OF THE COMMUNITIES .
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OFFICIAL - PRINCIPLE OF THE CONTINUITY OF THE CAREER OF A COMMUNITY OFFICIAL - TRANSFER FROM ONE SET OF COMMUNITY STAFF REGULATIONS TO ANOTHER - NO TERMINATION OF SERVICE

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC, ANNEX VIII, ARTICLE 12(A ) AND ( B ); GENERAL STAFF REGULATIONS OF THE ECSC, ARTICLE 62(A ) AND ( B ))

Summary

THE PROVISIONS OF BOTH THE NEW STAFF REGULATIONS OF OFFICIALS OF THE ECSC ( ARTICLES 92 TO 105 ) AND THE EEC-EAEC STAFF REGULATIONS ( ESPECIALLY ARTICLES 2 AND 3 OF ANNEX VIII ) CONFIRM THE PRINCIPLE OF THE CONTINUITY OF THE CAREER OF A COMMUNITY OFFICIAL . CONSEQUENTLY, ARTICLE 62(A ) AND ( B ) OF THE FORMER GENERAL REGULATIONS OF THE ECSC AND ARTICLE 12(A ) AND ( B ) OF ANNEX VIII TO THE NEW STAFF REGULATIONS OF OFFICIALS OF THE ECSC ARE INAPPLICABLE WHEN THE RELATIONSHIP UNDER THE STAFF REGULATIONS WHICH BOUND THE PERSON CONCERNED TO THE ECSC HAS BEEN BROUGHT TO AN END BY THE VERY FACT OF HIS BECOMING SUBJECT TO THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND THE EAEC .
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1 . MEASURES ADOPTED BY AN INSTITUTION - APPLICATION BY AN INDIVIDUAL AGAINST A DECISION ADDRESSED TO ANOTHER PERSON - DECISION OF INDIVIDUAL CONCERN TO HIM - CRITERIA

( EEC TREATY, ARTICLE 173 )

2 . PROCEDURE - ACTION FOR FAILURE TO ACT - MEASURES REFERRED TO BY ARTICLE 173 OF THE EEC TREATY - INADMISSIBILITY

Summary

1 . THE MERE FACT THAT A MEASURE MAY EXERCISE AN INFLUENCE ON THE COMPETITIVE RELATIONSHIPS EXISTING ON A PARTICULAR MARKET CANNOT SUFFICE TO ALLOW ANY TRADER IN ANY COMPETITIVE RELATIONSHIP WHATEVER WITH THE ADDRESSEE OF THE MEASURE TO BE REGARDED AS DIRECTLY AND INDIVIDUALLY CONCERNED BY THAT MEASURE . ONLY THE EXISTENCE OF SPECIFIC CIRCUMSTANCES MAY ENABLE A PERSON SUBJECT TO COMMUNITY LAW AND CLAIMING THAT THE MEASURE AFFECTS HIS POSITION ON THE MARKET TO BRING PROCEEDINGS UNDER ARTICLE 173 .

2 . THE TREATY PROVIDES, PARTICULARLY IN ARTICLE 173, METHODS OF RECOURSE BY WHICH AN ALLEGEDLY ILLEGAL COMMUNITY MEASURE MAY BE DISPUTED AND IF NECESSARY ANNULLED ON THE APPLICATION OF A DULY QUALIFIED PARTY . THE PARTY CONCERNED WHO HAS REQUESTED THE INSTITUTION ADOPTING THE MEASURE TO REVOKE IT CANNOT IF THE INSTITUTION FAILS TO ACT, BRING SUCH AN OMISSION BEFORE THE COURT AS BEING AN ILLEGAL OMISSION TO DEAL WITH THE MATTER . SUCH PROCEEDINGS WOULD AMOUNT TO PROVIDING THOSE CONCERNED WITH A METHOD OF RECOURSE PARALLEL TO THAT OF ARTICLE 173, WHICH WOULD NOT BE SUBJECT TO THE CONDITIONS LAID DOWN BY THE TREATY .
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1 . MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - AMENDMENT OF AN EARLIER PROVISION - SITUATIONS ARISING UNDER THE LATTER - FUTURE EFFECTS - APPLICATION OF THE AMENDING RULE

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - GERMAN LEGISLATION - APPLICATION TO PENSIONS FALLING DUE WITH EFFECT FROM 1 JANUARY 1964

( REGULATION NO 3, ANNEX G/I - B, ( 1 ) REGULATION EEC NO 130/63, ARTICLE 6 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - PENSIONS - AUTOMATIC REVIEW UNDER NATIONAL LAW - PERMISSIBILITY - PROCEDURES

( REGULATION NO 3, ARTICLE 53 )

Summary

1 . AMENDING LEGISLATION APPLIES, EXCEPT WHERE OTHERWISE PROVIDED, TO THE EFFCTS IN THE FUTURE OF SITUATIONS WHICH HAVE ARISEN UNDER THE LAW AS IT STOOD BEFORE AMENDMENT .

2 . THE PROCEDURE INTRODUCED BY PARAGRAPH ( 1 ) OF ANNEX G/I - B TO REGULATION NO 3 AS AMENDED BY ARTICLE 6 OF REGULATION EEC NO 130/63, APPLIES TO PENSIONS AND ARREARS OF PENSIONS WHICH HAVE FALLEN DUE AS FROM 1 JANUARY 1964, EVEN IF THESE PENSIONS ARE PAID IN RESPECT OF RISKS WHICH MATERIALIZED BEFORE THAT DATE .

3 . BOTH IN ITS NEW AND PREVIOUS VERSIONS REGULATION NO 3 PROVIDES FOR A REVIEW OF PENSIONS ONLY AT THE REQUEST OF THE PERSONS CONCERNED . THERE IS, HOWEVER, NOTHING IN COMMUNITY RULES TO PREVENT AN AUTOMATIC REVIEW UNDER NATIONAL LAW, IF ITS PROVISIONS ARE MORE FAVOURABLE TO INSURED PERSONS . IN SUCH CIRCUMSTANCES IT IS FOR THE NATIONAL LEGISLATIVE SYSTEM TO DETERMINE THE EFFECTS OF THIS MORE FAVOURABLE TREATMENT WITHOUT HOWEVER ADVERSELY AFFECTING THE RIGHTS WHICH THE INSURED PERSON DERIVES DIRECTLY FROM REGULATION NO 3 .
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SOCIAL SECURITY FOR MIGRANT WORKERS - RULES OF COMMUNITY LAW - LIMITATION OF BENEFITS ARISING FROM THE APPLICATION OF COMMUNITY REGULATIONS - MAINTENANCE OF ADVANTAGES OBTAINED OUTSIDE COMMUNITY REGULATIONS .

( EEC TREATY, ARTICLES 48 TO 51 )

Summary

IT IS INCOMPATIBLE WITH THE OBJECTIVES OF ARTICLES 48 TO 51 OF THE EEC TREATY WHICH CONSTITUTE THE BASIS, THE FRAMEWORK AND THE BOUNDS OF THE SOCIAL SECURITY REGULATIONS TO REDUCE THE RIGHTS OF WORKERS WITHOUT CONFERRING UPON THEM THE COMPENSATING BENEFITS PRESCRIBED IN THOSE REGULATIONS .

LIMITATIONS MAY THEREFORE BE IMPOSED ON WORKERS ONLY IN CASES IN WHICH COMMUNITY REGULATIONS CONFER UPON THEM BENEFITS WHICH THEY WOULD OTHERWISE BE UNABLE TO OBTAIN .
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1 . OFFICIALS - LEAVE - POWERS OF ORGANIZATION OF THE ADMINISTRATION - HARMONIZATION OF THE INTERESTS OF OFFICIALS WITH ADMINISTRATIVE REQUIREMENTS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 57 )

2 . OFFICIALS - TERMINATION OF SERVICE - ANNUAL LEAVE NOT USED UP - COMPENSATORY PAYMENT - GRANT ONLY IN CASES JUSTIFIED BY THE EXIGENCIES OF THE SERVICE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ANNEX V, ARTICLE 4 )

Summary

1 . IN DEALING WITH LEAVE, AN INSTITUTION HAS POWERS OF ORGANIZATION ENABLING IT, IN EACH PARTICULAR CASE, TO HARMONIZE THE LEGITIMATE INTERESTS OF THE OFFICIAL WITH THE REQUIREMENTS OF EFFECTIVE FUNCTIONING OF ITS ACTIVITIES AND OF SOUND ADMINISTRATION . WITH PARTICULAR REGARD TO THIS HARMONIZATION, THE INSTITUTION HAS THE RIGHT TO ENSURE THAT AN OFFICIAL WHOSE SERVICE IS BEING TERMINATED USES UP HIS ANNUAL LEAVE BEFORE HIS DEPARTURE .

2 . AN OFFICIAL IS ONLY ENTITLED TO THE COMPENSATION SET OUT IN THE SECOND PARAGRAPH OF ARTICLE 4 OF ANNEX V TO THE STAFF REGULATIONS IN SO FAR AS THE EXIGENCIES OF THE SERVICE HAVE PREVENTED HIM FROM USING UP ALL HIS ANNUAL LEAVE BEFORE HE LEAVES THE SERVICE .
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1 . OFFICIALS - PECUNIARY RIGHTS - DETERMINATION BY THE ADMINISTRATION - ACT ADVERSELY AFFECTING AN OFFICIAL

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

2 . OFFICIALS - RATIONALIZATION OF DEPARTMENTS FOLLOWING THE MERGER TREATY - TERMINATION OF EMPLOYMENT OF OFFICIALS - FULL PENSION - CONDITIONS FOR ENTITLEMENT

( REGULATION NO 259/68, ARTICLE 5 )

3 . OFFICIALS - STATEMENTS SUPPLIED BY THE ADMINISTRATION BY WAY OF INFORMATION - NO RIGHTS CONFERRED ON THOSE CONCERNED

4 . OFFICIALS - COMMUNITY RULES - WRONG INFORMATION SUPPLIED BY THE ADMINISTRATION - NO WRONGFUL ACT OR OMISSION

5 . OFFICIALS - WRONG INFORMATION FROM THE ADMINISTRATION - BELATED CORRECTION - WRONGFUL ACT OR OMISSION

Summary

1 . ANY MEASURE WHEREBY THE APPOINTING AUTHORITY STATES DEFINITIVELY AN OFFICIAL' S PECUNIARY RIGHTS AND DETERMINES THE AMOUNTS WHICH IT UNDERTAKES TO PAY THE OFFICIAL ON SPECIFIED DATES CONSTITUTES A MEASURE CAPABLE OF ADVERSELY AFFECTING THE OFFICIAL WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .

2 . THE RIGHT TO A FULL PENSION UNDER ARTICLE 5 OF REGULATION NO 259/68 CAN ONLY VEST IN A FORMER OFFICIAL WHO, UPON THE EXPIRY OF THE PERIOD DURING WHICH HE IS ENTITLED TO THE ALLOWANCE, HAS ATTAINED THE AGE OF 55 .

3 . STATEMENTS SUPPLIED SOLELY BY WAY OF INFORMATION, ALBEIT BY THE COMPETENT DEPARTMENTS OF THE APPOINTING AUTHORITY, DO NOT CONSTITUTE MEASURES CREATING RIGHTS FOR THE ADDRESSEES .

4 . THE ADOPTION OF AN INACCURATE INTERPRETATION OF A PROVISION OF THE LAW GOVERNING OFFICIALS DOES NOT CONSTITUTE IN ITSELF A WRONGFUL ACT . EVEN WHERE THE AUTHORITIES REQUEST THOSE CONCERNED TO OBTAIN INFORMATION FROM THE COMPETENT DEPARTMENTS, THEY ARE NOT NECESSARILY BOUND TO GUARANTEE THE CORRECTNESS OF THE INFORMATION SUPPLIED .

5 . DELAY ON THE PART OF THE APPOINTING AUTHORITY IN CORRECTING WRONG INFORMATION UNTIL AFTER THE TIME WHEN THOSE CONCERNED HAVE TO MAKE A DECISION IN THE MATTER CONSTITUTES A WRONGFUL ACT OR OMISSION WHICH RENDERS THE COMMUNITY LIABLE FOR THE CONSEQUENCES OF THE WRONG INFORMATION .