Keywords

Summary



Keywords

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1 . INTERPRETATION - PROVISIONS ESTABLISHING GUARANTEES FOR THE PROTECTION OF RIGHTS - INTERPRETATION IN FAVOUR OF THE INDIVIDUAL CONCERNED .

2 . PROCEDURE - INTERPRETATION OR APPLICATION OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC - JURISDICTION OF THE COURT IN RELATION TO MEMBER STATES - LIMITS .

( ECSC TREATY, ARTICLES 31 AND 43; PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 16 )

3 . PROCEDURE - INTERPRETATION OR APPLICATION OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC - INFRINGEMENT OF THAT PROTOCOL BY A MEMBER STATE - RIGHT OF ACTION OF A COMMUNITY OFFICIAL WHO HAS BEEN PREJUDICED - PRIOR EXHAUSTION OF OTHER COMMUNITY PROCEDURES

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 16 )

4 . PROCEDURE - INTERPRETATION OR APPLICATION OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC - EXCLUSIVE NATURE OF THE COURT'S JURISDICTION - RIGHT OF ACTION - PRIOR EXHAUSTION OF RIGHTS OF RECOURSE TO NATIONAL COURTS .

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 16 )

5 . OFFICIALS OF THE ECSC - PRIVILEGES AND IMMUNITIES - EXEMPTION FROM TAXATION - INDIVIDUAL RIGHT

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLES 11 AND 13 ).

6 . OFFICIALS OF THE ECSC - PRIVILEGES AND IMMUNITIES - EXEMPTION FROM TAXATION - SCOPE - DETERMINATION OF THE RATE APPLICABLE TO OTHER INCOME - ASSESSMENT ON THE JOINT INCOME OF AN OFFICIAL OF THE ECSC AND OF HIS SPOUSE

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC, ARTICLE 11 )

7 . OBLIGATIONS OF THE MEMBER STATES - MEASURE BY A MEMBER STATE CONTRARY TO THE TREATY - RULING BY THE COURT - CONSEQUENCES

( ECSC TREATY, ARTICLE 86 )

Summary

1 . IN CASE OF DOUBT A PROVISION ESTABLISHING GUARANTEES FOR THE POTECTION OF RIGHTS CANNOT BE INTERPRETED IN A RESTRICTIVE MANNER TO THE DETRIMENT OF THE INDIVIDUAL CONCERNED .

2 . THE COURT'S JURISDICTION TO RULE ON ANY DISPUTE RELATING TO THE APPLICATION OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC DOES NOT ENABLE IT TO INTERFERE DIRECTLY IN THE LEGISLATION OR ADMINISTRATION OF THE MEMBER STATES . THEREFORE THE COURT CANNOT, ON ITS OWN AUTHORITY, ANNUL OR REPEAL LAWS OF A MEMBER STATE OR ADMINISTRATIVE MEASURES ADOPTED BY ITS AUTHORITIES .

3 . AN OFFICIAL OF THE ECSC WHO REGARDS HIMSELF AS PREJUDICED BY THE INFRINGEMENT BY A MEMBER STATE OF THE PRIVILEGES AND IMMUNITIES CONFERRED ON HIM MAY BRING AN ACTION AGAINST THAT STATE UNDER ARTICLE 16 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC WITHOUT HAVING PREVIOUSLY EXHAUSTED OTHER PROCEDURES PROVIDED FOR BY COMMUNITY LAW .

4 . THE JURISDICTION OF THE COURT OF JUSTICE PROVIDED FOR BY ARTICLE 16 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC IS EXCLUSIVE; AN APPLICATION BROUGHT UNDER THIS PROVISION IS NOT INADMISSIBLE MERELY BECAUSE THE APPLICANT HAS NOT EXHAUSTED HIS RIGHTS OF RECOURSE TO THE COURTS OF HIS OWN COUNTRY BEFOREHAND .

5 . THE PRIVILEGES AND IMMUNITIES OF OFFICIALS OF THE ECSC, IN PARTICULAR EXEMPTION FROM NATIONAL TAXES, ALTHOUGH PROVIDED IN THE PUBLIC INTEREST OF THE COMMUNITY, ARE GRANTED DIRECTLY TO THOSE OFFICIALS AND CONFER AN INDIVIDUAL RIGHT ON THEM .

6 . THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE ECSC PROHIBITS ANY MEASURE BY A MEMBER STATE IMPOSING ON AN OFFICIAL OF THE COMMUNITY ANY TAXATION, WHETHER DIRECT OR INDIRECT, WHICH IS BASED IN WHOLE OR IN PART ON THE PAYMENT OF THE SALARY AND EMOLUMENTS TO THAT OFFICIAL BY THE COMMUNITY .

CONSEQUENTLY THE TAKING INTO ACCOUNT OF THIS REMUNERATION FOR THE CALCULATION OF THE RATE APPLICABLE TO OTHER INCOME OF THAT PERSON IS ALSO PROHIBITED .

THE TAKING INTO ACCOUNT OF THIS REMUNERATION FOR THE PURPOSE OF CALCULATING THE RATE APPLICABLE TO THE INCOME OF THE SPOUSE OF AN OFFICIAL OF THE ECSC WHERE THE NATIONAL LEGISLATION APPLICABLE PROVIDES FOR ASSESSMENT ON THE JOINT INCOME OF THE SPOUSES IS LIKEWISE PROHIBITED . 7 . IF THE COURT FINDS THAT A LEGISLATIVE OR ADMINISTRATIVE MEASURE ADOPTED BY THE AUTHORITIES OF A MEMBER STATE IS CONTRARY TO COMMUNITY LAW, THAT STATE IS OBLIGED BY VIRTUE OF ARTICLE 86 OF THE ECSC TREATY TO RESCIND THE MEASURE IN QUESTION AND TO MAKE REPARATION FOR ANY UNLAWFUL CONSEQUENCES THEREOF .