ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 294/53

Order of the General Court of 9 June 2015 — Georgsmarienhütte v Commission

(Case T-176/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate - Action for annulment - Application to amend the form of order sought - No new information - Inadmissibility))

(2015/C 294/64)

Language of the case: German

Parties

Applicant: Georgsmarienhütte GmbH (Georgsmarienhütte, Germany) (represented by: H. Höfler, C. Kahle and V. Winkler, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by C. Renner, lawyer)

Intervener in support of the defendant: EFTA Surveillance Authority (represented by: initially X. Lewis, M. Schneider and C. Howdle, then X. Lewis, M. Schneider, M. Moustakali and C. Perrin, acting as Agents)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. The application seeking that the form of order sought in the present action be amended to cover Commission decision C (2014) 8786 final of 25 November 2014 relating to State Aid SA. 33995 (2013/C) (ex 2013/NN) implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users is rejected as inadmissible.

3. There is no longer any need to adjudicate on the applications for intervention submitted by Flachglas Torgau GmbH and Saint-Gobain Isover G+H AG, by Kronotex GmbH & Co. KG and Kronoply GmbH, by Bayer MaterialScience AG, by Sabic Polyolefine GmbH, by Ineos Manufacturing Deutschland GmbH, Ineos Phenol GmbH and Ineos Vinyls Deutschland GmbH, and by Advansa GmbH, Akzo Nobel Industrial Chemicals GmbH, Aurubis AG, CBW Chemie GmbH, CFB Chemische Fabrik Brunsbüttel GmbH & Co. KG, Clariant Produkte (Deutschland) GmbH, Dralon GmbH, Hahl Filaments GmbH, Messer Produktionsgesellschaft mbH Siegen, Messer Produktionsgesellschaft mbH Salzgitter, Nabaltec AG, Siltronic AG and Wacker Chemie AG.

4. Georgsmarienhütte GmbH shall bear its own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.

5. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 381/33

Order of the General Court of 16 September 2015 — Diapharm v Commission

(Case T-620/14) (1)

((Action for failure to act - Consumer protection - Health claims made on foods - Regulation (EC) No 1924/2006 - Botanical substances - Time-limit for bringing an action - No legal interest in bringing proceedings - Act not amenable to review - Inadmissibility))

(2015/C 381/37)

Language of the case: German

Parties

Applicant: Diapharm GmbH & Co. KG (Münster, Germany) (represented by: M. Weidner, N. Hußmann and T. Guttau, lawyers)

Defendant: European Commission (represented by: M. Wilderspin and S. Grünheid, acting as Agents)

Re:

Application seeking a declaration that the Commission failed to act in that it unlawfully refrained from ordering the European Food Safety Authority (EFSA) to evaluate the health claims relating to botanical substances as a condition prior to the adoption of the definitive list of authorised health claims in accordance with Article 13(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Diapharm GmbH & Co. KG shall pay the costs.

(1) OJ C 409, 17.11.2014.
EN Official Journal of the European Union C 337/12

Order of the General Court of 5 August 2015 — Sales & Solutions v OHIM — Wattline (WATTLINE)

(Case T-46/14) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))

(2015/C 337/14)

Language of the case: German

Parties

Applicant: Sales & Solutions GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Wattline GmbH (Ruderting, Germany) (represented by: C. Flisek, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2013 (Case R 1668/2012-4), relating to opposition proceedings between Sales & Solutions GmbH and Wattline GmbH

Operative part of the order

1. There is no need to adjudicate on the action.

2. Sales & Solutions GmbH shall pay the costs.

(1) OJ C 78, 15.3.2014.
EN Official Journal of the European Union C 381/59

Order of the General Court of 15 September 2015 — Othman v Council

(Case T-595/14) (1)

(2015/C 381/77)

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 381/39

Order of the General Court of 21 September 2015 — De Nicola v EIB

(Case T-848/14 P) (1)

((Appeal - Civil service - EIB staff - Reports - Promotion - 2006 evaluation and assessment exercises - Psychological harassment - Appeal in part manifestly inadmissible and in part manifestly unfounded))

(2015/C 381/46)

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: G. Nuvoli and E. Raimond, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 11 November 2014 in De Nicola v EIB (F-55/08 RENV, ECR-SC, EU:F:2014:244), and seeking that that judgment be set aside.

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders Mr Carlo De Nicola to bear his own costs and to pay those incurred by the European Investment Bank (EIB) in the present proceedings.

(1) OJ C 73, 2.3.2015.
EN Official Journal of the European Union C 27/56

Order of the General Court of 23 November 2015 — Beul v Parliament and Council

(Case T-640/14) (1)

((Action for annulment - Functioning of financial markets - Regulation (EU) No 537/2014 - Legislative act - Lack of individual concern - Inadmissibility))

(2016/C 027/72)

Language of the case: German

Parties

Applicant: Carsten René Beul (Neuwied, Germany) (represented initially by K.-G Stümper, then by H.-M. Pott and T. Eckhold, lawyers)

Defendants: European Parliament (represented by: P. Schonard and D. Warin, acting as Agents) and Council of the European Union (represented by R. Weimann and N. Rouam, acting as Agents)

Re:

Application for annulment of Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC (OJ 2014 L 158, p. 77).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no need to adjudicate on the European Commission’s application for leave to intervene.

3. Mr Carsten René Beul shall bear his own costs and shall pay those incurred by the European Parliament and the Council of the European Union.

4. The Commission and the Parliament shall bear their own costs relating to the application to intervene.

(1) OJ C 409, 17.11.2014.
EN Official Journal of the European Union C 398/77

Order of the General Court of 13 October 2015 — Mabrouk v Council

(Case T-218/14) (1)

(2015/C 398/89)

Language of the case: English

The President of the Eighth Chamber has ordered that the case be removed from the register.

(1) OJ C 194, 24.6.2014.
EN Official Journal of the European Union C 106/34

Order of the General Court of 28 December 2015 — Skype v OHIM — Sky International (SKYPE)

(Case T-797/14) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))

(2016/C 106/39)

Language of the case: English

Parties

Applicant: Skype Ultd (Dublin, Ireland) (represented by: A. Carboni and M. Browne, solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Sky International AG (Zug, Switzerland) (represented by: D. Rose and J. Curry, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2014 (Case R 1075/2013-4), relating to opposition proceedings between Sky International AG and Skype.

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. Skype Ultd and Sky International AG are ordered to bear their own costs and to each pay half of the costs incurred by the Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM).

(1) OJ C 46, 9.2.2015.
EN Official Journal of the European Union C 38/54

Order of the General Court of 30 November 2015 — Green Pack v OHIM (greenpack)

(Case T-513/14) (1)

((Community trade mark - Refusal of registration - Withdrawal of the application for registration - No need to adjudicate))

(2016/C 038/71)

Language of the case: German

Parties

Applicant: GreenPack GmbH (Berlin, Germany) (represented by: P. Ruess and A. Doepner-Thiele, subsequently by C. Glasemann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially G. Schneider, then by G. Schneider and D. Botis, Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 April 2014 (Case R2324/2013-1) relating to an application for registration of the word sign greenpack as a Community trade mark.

Operative part of the order

1. There is no need to adjudicate on the action.

2. GreenPack GmbH is ordered to pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 78/42

Order of the General Court of 24 January 2017 — AATC Trading v EUIPO — El Corte Inglés (ALAΪA PARIS)

(Case T-794/14) (1)

(2017/C 078/58)

Language of the case: French

The President of the Fourth Chamber has ordered that the case be removed from the register.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 326/26

Order of the General Court of 27 June 2016 — Portugal v Commission

(Case T-810/14) (1)

((Failure to comply with a judgment of the Court establishing an infringement - Periodic penalty payment - Judgment quantifying the amount of the penalty payment - Repeal of the national legislation incompatible with EU law - Date when the infringement ceased - Annulment of an earlier decision quantifying a penalty payment imposed in compliance with the same judgment of the Court - Res judicata - Action manifestly lacking any foundation in law))

(2016/C 326/47)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, J. de Oliveira and S. Nunes de Almeida, acting as Agents)

Defendant: European Commission (represented by: G. Braga da Cruz and M. Heller, acting as Agents)

Re:

Application based on Article 263 TFEU asking for annulment of the Commission decision MARKT/A2/3523710 of 3 October 2014 quantifying the penalty payment due by the Portuguese Republic for the period between 20 and 29 January 2008, in compliance with the judgment of 10 January 2008 in Commission v Portugal (C-70/06, EU:C:2008:3).

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in law.

2. The Portuguese Republic shall pay the costs.

(1) OJ C 65, 23.2.2015.
Keywords

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1 . PROCEDURE - ACTION TO HAVE A DECISION DECLARED VOID - DECISION INDIVIDUAL IN CHARACTER CONCERNING THE APPLICANT - CONCEPT - ADMISSIBILITY

( ECSC TREATY, ARTICLE, 33 ( 2 ))

2 . PROCEDURE - INTERVENTION - FRESH ARGUMENTS - ADMISSIBILITY

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY, ARTICLE 34; RULES OF PROCEDURE, ARTICLE 93 ( 5 ))

3 . AIDS - SUBSIDIES - CONCEPTS

( ECSC TREATY, ARTICLE 4 ( C ))

4 . AIDS - SUBSIDIES - ABSOLUTE PROHIBITION - ARTICLE 4 ( C ) AND ARTICLE 67 OF THE ECSC TREATY - APPLICATION TO DIFFERENT FIELDS

Summary

1 . TO ENABLE AN UNDERTAKING TO INSTITUTE PROCEEDINGS AGAINST A DECISION CONCERNING IT WHICH IS INDIVIDUAL IN CHARACTER, IT IS NOT NECESSARY THAT IT SHOULD BE THE ONLY, OR ALMOST THE ONLY, PARTY CONCERNED BY THE DECISION .

2 . THE INTERVENTION PROCEDURE WOULD BE DEPRIVED OF ALL MEANING IF THE INTERVENER WERE TO BE DENIED THE USE OF ANY ARGUMENT WHICH HAD NOT BEEN USED BY THE PARTY WHICH IT SUPPORTED .

3 . THE SUBSIDIES OR AIDS WHICH ARTICLE 4 ( C ) RECOGNIZES AS INCOMPATIBLE WITH THE COMMON MARKET AND WHICH, IN CONSEQUENCE, ARE ABOLISHED AND PROHIBITED, COME WITHIN THE NORMAL DEFINITION OF A SUBSIDY AS A PAYMENT IN CASH OR IN KIND MADE IN SUPPORT OF AN UNDERTAKING OTHER THAN THE PAYMENT BY THE PURCHASER OR CONSUMER FOR THE GOODS OR SERVICES WHICH IT PRODUCES .

THE NORMAL DEFINITION OF AN AID, WHICH IS A VERY SIMILAR CONCEPT, PLACES EMPHASIS ON ITS PURPOSE AND AN AID SEEMS ESPECIALLY DEVISED FOR A PARTICULAR OBJECTIVE WHICH CANNOT USUALLY BE ACHIEVED WITHOUT OUTSIDE HELP .

THE CONCEPT OF AID IS NEVERTHELESS WIDER THAN THAT OF A SUBSIDY BECAUSE IT EMBRACES NOT ONLY POSITIVE BENEFITS, SUCH AS SUBSIDIES THEMSELVES, BUT ALSO INTERVENTIONS WHICH, IN VARIOUS FORMS, MITIGATE THE CHARGES WHICH ARE NORMALLY INCLUDED IN THE BUDGET OF AN UNDERTAKING AND WHICH, WITHOUT, THEREFORE, BEING SUBSIDIES IN THE STRICT MEANING OF THE WORD, ARE SIMILAR IN CHARACTER AND HAVE THE SAME EFFECT .

4 . ARTICLE 4 ( C ) AND ARTICLE 67 COVER TWO DIFFERENT FIELDS : THE FIRST ARTICLE ABOLISHES AND PROHIBITS CERTAIN ACTIONS BY THE MEMBER STATES IN THE FIELD WHICH, UNDER THE TREATY, COMES WITHIN THE JURISDICTION OF THE COMMUNITY, THE SECOND IS INTENDED TO PREVENT THE DISTORTION OF COMPETITION WHICH EXERCISE OF THE RESIDUAL POWERS OF THE MEMBER STATES INEVITABLY ENTAILS .
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1 . ENFORCEABLE DECISIONS - ENUMERATION BY THE TREATY NOT EXCLUSIVE

( ECSC TREATY, ARTICLE 92 )

2 . FINANCIAL ARRANGEMENTS - COMPETENCE OF THE HIGH AUTHORITY TO TAKE ENFORCEABLE DECISIONS

( ECSC TREATY, ARTICLES 53, 92 )

3 . FINANCIAL ARRANGEMENTS - EQUALIZATION - OBLIGATION TO REPAY - ENFORCEABLE DECISION ( ECSC TREATY, ARTICLE 53 )

4 . FINANCIAL ARRANGEMENTS - LEGAL NATURE

( ECSC TREATY, ARTICLE 53 )

5 . FINANCIAL ARRANGEMENTS - EQUALIZATION - SUMS WRONGLY PAID BY THE IMPORTED FERROUS SCRAP EQUALIZATION FUND - LIABILITY OF BENEFICIARIES OF EQUALIZATION AS DEBTORS - UNJUSTIFIED ENRICHMENT

Summary

1 . IN ITS PROVISIONS ON LEVIES, PERIODIC PENALTY PAYMENTS AND FINES, THE TREATY DOES NOT ENUMERATE EXCLUSIVELY THE CASES IN WHICH THE HIGH AUTHORITY IS EMPOWERED TO TAKE ENFORCEABLE DECISIONS WITHIN THE MEANING OF ARTICLE 92 .

2 . ARTICLE 53 OF THE TREATY, WHICH EMPOWERS THE HIGH AUTHORITY TO MAKE FINANCIAL ARRANGEMENTS, GIVES IT THE POWER TO IMPOSE PECUNIARY OBLIGATIONS ON UNDERTAKINGS AND TO SANCTION THEM BY ENFORCEABLE DECISIONS BASED ON ARTICLE 92 .

3 . THE COMPULSORY APPLICATION OF AN EQUALIZATION SCHEME SET UP BY THE HIGH AUTHORITY TO THE SCRAP-CONSUMING UNDERTAKINGS IN THE COMMUNITY AND THE LEGAL FOUNDATION OF THEIR OBLIGATION TO PAY CONTRIBUTIONS IMPLY THE RIGHT FOR THE HIGH AUTHORITY TO NOTE THE EXISTENCE OF AN OBLIGATION TO REPAY AMOUNTS OF EQUALIZATION WRONGLY PAID AND TO RECOVER OVERPAYMENTS, IF THE EQUALIZATION SCHEME CANNOT BE IMPLEMENTED IN A REASONABLE WAY IN THE ABSENCE OF THIS POWER . THE HIGH AUTHORITY IS COMPETENT, EVEN IN THE ABSENCE OF EXPRESS AUTHORIZATION, TO NOTE THE EXISTENCE OF AN OBLIGATION TO REPAY AND TO ASSERT ITS RIGHTS TO REPAYMENT THROUGH AN ENFORCEABLE DECISION .

4 . THE EQUALIZATION SCHEME FOR FERROUS SCRAP EXHIBITS, TAKEN AS A WHOLE, THE CHARACTERISTICS OF AN INSTITUTION GOVERNED BY PUBLIC LAW, AND THIS IS NOT ALTERED BY THE INTERVENTION OF A PRIVATE LAW ELEMENT .

5 . THE EQUALIZATION SCHEME IS DESIGNED TO MAKE UP THE DIFFERENCE IN PRICE BETWEEN IMPORTED SCRAP, WHICH IS MORE HIGHLY PRICED, AND SCRAP RECOVERED WITHIN THE COMMON MARKET; THE COST OF THIS SYSTEM MUST BE BORNE NOT BY CERTAIN UNDERTAKINGS IN PROPORTION TO THEIR PURCHASES OF IMPORTED SCRAP BUT BY THE SCRAP CONSUMERS AS A WHOLE, THROUGH THE FUND .

THE PAYMENT OF EQUALIZATION DOES NOT CONSTITUTE FOR THE RECIPIENT UNDERTAKINGS AN ENRICHMENT IN PROPORTION TO A CONSIDERATION DIRECTLY BENEFITING THEM .

THE LEGAL JUSTIFICATION OF THE PAYMENT EXISTS INDEPENDENTLY OF WHETHER THE EQUALIZATION WAS PAID DIRECTLY TO THE SCRAP SELLERS OR WHETHER IT WAS PAID TO THE CONSUMER UNDERTAKINGS TO ENABLE THEM TO BUY IMPORTED SCRAP .
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1 . PROCEDURE - RULES ON LANGUAGES - LEGAL STATUS

( RULES OF PROCEDURE, ARTICLES 29 AND 30 )

2 . PROCEDURE - RULES ON LANGUAGES - OFFICIAL LANGUAGES - DOCUMENTS BROUGHT TO THE NOTICE OF THE COURT

( PROTOCOL ON THE STATUTE OF THE COURT ANNEXED TO THE ECSC TREATY, ARTICLE 38; RULES OF PROCEDURE, ARTICLE 29 )

3 . APPLICATION FOR REVISION OF A JUDGMENT - REQUIREMENTS AS TO ADMISSIBILITY

( PROTOCOL ON THE STATUTE OF THE COURT ANNEXED TO THE ECSC TREATY, ARTICLE 38; RULES OF PROCEDURE, ARTICLE 100 )

Summary

1 . THE PROVISIONS GOVERNING THE LANGUAGE OF THE CASE ARE NOT PROVISIONS APPERTAINING TO PUBLIC POLICY .

2 . THE COURT IS COGNIZANT OF FOUR LANGUAGES AS ARE ALL THE INSTITUTIONS OF THE THREE COMMUNITIES . THEREFORE, BY VIRTUE OF AN IRREBUTTABLE PRESUMPTION OF LAW, THE COURT IS DEEMED TO HAVE KNOWLEDGE OF THE CONTENTS OF DOCUMENTS PRODUCED WHICH ARE DRAWN UP IN THE OFFICIAL LANGUAGES OF THE COMMUNITY . SUCH A DOCUMENT MAY NOT BE REGARDED AS A FACT UNKNOWN TO THE COURT WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 38 OF THE STATUTE OF THE COURT ANNEXED TO THE ECSC TREATY .

3 . AN APPLICATION FOR REVISION OF A JUDGMENT IS ADMISSIBLE ONLY ON DISCOVERY OF A FACT WHICH, ON THE ONE HAND, WAS UNKNOWN BOTH TO THE COURT AND TO THE PARTY APPLYING FOR THE REVISION WHEN THE JUDGMENT WAS GIVEN AND, ON THE OTHER HAND, IS OF SUCH A NATURE AS TO BE A DECISIVE FACTOR RELATING TO THE JUDGMENT THE REVISION OF WHICH IS CLAIMED .
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1 . LIABILITY OF THE ECSC - FINANCIAL ARRANGEMENTS - EQUALIZATION - NORMAL DISADVANTAGES - ABSENCE OF INJURY

( ECSC TREATY, ARTICLE 40, 53 )

2 . LIABILITY OF THE ECSC - CONDITIONS FOR THE APPLICATION OF ARTICLE 40 - ACTUAL AND SPECIFIC INJURY

3 . LIABILITY OF THE ECSC - WRONGFUL ACT OR OMISSION WITHIN THE MEANING OF ARTICLE 40 - INHERENT DEFECTS IN DECISIONS OF THE HIGH AUTHORITY - LIMITS OF JUDICIAL REVIEW

4 . FINANCIAL ARRANGEMENTS - EQUALIZATION - FINANCING

( ECSC TREATY, ARTICLE 45, 50, 51, 53 )

Summary

1 . 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 .

2 . AN APPLICATION BASED ON ARTICLE 40 PRESUPPOSES THE EXISTENCE OF A SUBSISTING AND SPECIFIC INJURY .

3 . WHEN AN APPLICATION IS MADE TO THE COURT UNDER ARTICLE 40 OF THE ECSC TREATY ALLEGING A WRONGFUL ACT OR OMISSION BY THE HIGH AUTHORITY, THE COURT CANNOT IN PRINCIPLE TREAT INHERENT DEFECTS IN DECISIONS OF THE HIGH AUTHORITY AS CONSTITUENT ELEMENTS OF THE ALLEGED WRONG .

4 . IF THE HIGH AUTHORITY IS TO AVOID INFRINGING ARTICLES 50 AND 51 OF THE ECSC TREATY AND DISCRIMINATING BETWEEN UNDERTAKINGS SUBJECT TO ITS JURISDICTION, IT CAN ONLY FINANCE EQUALIZATION BY THE LEVY INTRODUCED PURSUANT TO ARTICLE 53 AND THIS METHOD RULES OUT ANY SYSTEM PROVIDING FOR ANY DEFICIT TO BE COVERED BY THE FINANCIAL RESOURCES PROVIDED FOR BY ARTICLE 49 .
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OFFICIALS - CONTRACTUAL BASIS - PERIOD BEFORE THE ENTRY INTO FORCE OF THE STAFF REGULATIONS - CONTRACT OF EMPLOYMENT - APPLICATION OF THE PROVISIONS OF THE STAFF REGULATIONS TO THE PERSON CONCERNED - INABILITY TO GIVE ANY GUARANTEE

( EEC TREATY, ARTICLE 246 ( 3 ); EAEC TREATY, ARTICLE 214 ( 3 )).

Summary

UNDER ARTICLE 246 ( 3 ) OF THE EEC TREATY AND ARTICLE 214 ( 3 ) OF THE EAEC TREATY THE CONDITIONS OF EMPLOYMENT APPLYING BETWEEN THE COMMUNITIES AND THEIR SERVANTS EMPLOYED ON A CONTRACTUAL BASIS UNDER THE SO-CALLED 'BRUSSELS RULES' DO NOT CREATE ANY DEFINITIVE LEGAL LINK BETWEEN THE PARTIES BEFORE THE ESTABLISHMENT OF THE STAFF REGULATIONS AND THE RULES REFERRED TO IN ARTICLE 212 OF THE EEC TREATY AND ARTICLE 186 OF THE EAEC TREATY . THE APPOINTING AUTHORITY IS THEREFORE NOT ABLE TO GIVE SERVANTS EMPLOYED UNDER THE 'BRUSSELS RULES' LEGALLY VALID GUARANTEES AS TO THE SUBSEQUENT APPLICATION OF THE PROVISIONS OF THE STAFF REGULATIONS TO THEM .
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1 . OFFICIALS - REMOVAL EXPENSES - REIMBURSEMENT - CRITERIA

( STAFF REGULATIONS OF THE ECSC OF 1 JULY 1956, VERSION ADOPTED BY THE COMMITTEE OF CHAIRMEN ON 21 NOVEMBER 1960, ARTICLE 15 )

2 . OFFICIALS - MISSIONS - TRAVEL EXPENSES - METHOD OF REIMBURSEMENT - USE OF OWN CAR - CONDITIONS OF REIMBURSEMENT AT THE RATE PER KILOMETRE - STRICT REQUIREMENTS OF FORM AND OF SUBSTANCE - SCOPE OF THE ENTRY ' OWN CAR ' APPEARING IN THE TRAVEL ORDER - COMPETENCE TO DECIDE

( STAFF REGULATIONS OF THE ECSC OF 1 JULY 1956, ORIGINAL VERSION, ARTICLES 13(D ), 17(D ); THE SAME REGULATIONS, VERSION ADOPTED BY THE COMMITTEE OF CHAIRMEN ON 21 NOVEMBER 1960, ARTICLE 17(D ); STAFF REGULATIONS OF THE ECSC OF 1 JANUARY 1962, ANNEX VII, ARTICLE 12(4 ))

3 . OFFICIALS - MISSIONS - TRAVEL EXPENSES - METHOD OF REIMBURSEMENT - USE OF OWN CAR - CONDITIONS UNDER WHICH REIMBURSEMENT ON THE ORDINARY BASIS GIVES RISE TO ' DEFINITE DISADVANTAGES '

( STAFF REGULATIONS OF THE ECSC OF 1 JULY 1956, VERSION ADOPTED BY THE COMMITTEE OF CHAIRMEN ON 21 NOVEMBER 1960, ARTICLE 17(D ); STAFF REGULATIONS OF THE ECSC OF 1 JANUARY 1962, ANNEX VII, ARTICLE 12(4 ))

Summary

1 . AN OFFICIAL WHO HAS NOT SUBMITTED, PRIOR TO HIS REMOVAL, THE ESTIMATES REFERRED TO IN ARTICLE 15 OF THE STAFF REGULATIONS IS ONLY ENTITLED TO REIMBURSEMENT OF REMOVAL EXPENSES IF THE EVIDENCE SUBMITTED SUBSEQUENTLY MAKES IT POSSIBLE FOR THE HIGH AUTHORITY TO ASCERTAIN WHETHER THE REMOVAL WHICH THE OFFICIAL CLAIMS TO HAVE UNDER - TAKEN HAS IN FACT TAKEN PLACE, WHAT SERVICES THE CARRIER HAS PERFORMED QUANTITATIVELY AND QUALITATIVELY AND WHETHER THE PRICE REQUIRED SEEMS REASONABLE HAVING REGARD TO THOSE SERVICES .

2 . ( A ) THE ENTRY ' OWN CAR ' INSERTED IN A TRAVEL ORDER ONLY ESTABLISHES THAT THERE IS NO OBJECTION TO AN OFFICIAL USING HIS OWN CAR . THE GRANT OF A RATE PER KILOMETRE PRESUPPOSES ON THE OTHER HAND THAT THE USE OF THAT MEANS OF TRANSPORT HAS BEEN RECOGNIZED AS BEING IN THE INTEREST OF THE SERVICE .

( B ) VERY STRICT CONDITIONS OF FORM AND SUBSTANCE MUST BE IMPOSED FOR DECLARATIONS INTENDED TO ESTABLISH THE RIGHT ENTITLEMENT TO REIMBURSEMENT AT THE RATE PER KILOMETRE .

3 . ULTIMATELY, A DECISION WITH REGARD TO THE METHOD OF REIMBURSEMENT OF MISSION EXPENSES COMES UNDER THE GENERAL DEPARTMENTS OF THE ADMINISTRATION, AND NOT THE IMMEDIATE SUPERIOR OF AN OFFICIAL .

REIMBURSEMENT OF TRAVEL EXPENSES ON THE ORDINARY BASIS INVOLVES ' DEFINITE DISADVANATAGES ' WITHIN THE MEANING OF ARTICLE 17(D ) OF THE STAFF REGULATIONS, WHEN IT PLAINLY CANNOT COVER THE EXPENSES ACTUALLY INCURRED BY THE PARTY CONCERNED, IN USING HIS OWN CAR .