Judgment of the Court (First Chamber) of 16 June 1971. - Fritz-August Bode and others v Commission of the European Communities. - Joined cases 63 to 75-70.



European Court reports 1971 Page 00549

Danish special edition Page 00147

Greek special edition Page 00869

Portuguese special edition Page 00215



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - JURISDICTION OF THE COURT - LIMITS

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 91 )

2 . OFFICIALS - SOCIAL SECURITY - GRANT OF GIFTS, LOANS AND ADVANCES BY THE ADMINISTRATION - CONDITIONS - REVALUATION OF THE CURRENCY OF A MEMBER STATE - ABSENCE OF A PARTICULARLY DIFFICULT POSITION

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLE 76 )

3 . OFFICIALS - EQUALITY OF TREATMENT - CONCEPT - PURCHASING POWER - FLUCTUATIONS - NOT TAKEN INTO CONSIDERATION - PAR VALUE OF CURRENCIES OF MEMBER STATES - CHANGE - AUTOMATIC ADJUSTMENT OF REMUNERATION - DISCRIMINATION NOT PERMISSIBLE

Summary

1 . IT IS NOT FOR THE COURT OF JUSTICE TO GIVE ORDERS TO THE COMMUNITY AUTHORITIES .

2 . THE FACT THAT ARTICLE 76 OF THE STAFF REGULATIONS OF OFFICIALS IS AN EXCEPTION TO THE GENERAL PRINCIPLE THAT ALL OFFICIALS ARE SUBJECT TO THE SAME STAFF REGULATIONS AND CANNOT OBTAIN PRIVILEGES, OTHER THAN THOSE WHICH HAVE BEEN LAID DOWN IN A GENERAL AND OBJECTIVE MANNER, PROHIBITS THAT PROVISION FROM BEING AUTOMATICALLY APPLIED . IT DOES NOT IMPOSE ANY SPECIFIC OBLIGATION ON THE COMMUNITY AUTHORITIES BUT IS INTENDED TO GIVE THEM THE POWER TO COME TO THE ASSISTANCE OF OFFICIALS OR FORMER OFFICIALS WHO ARE IN DIFFICULTIES . THE FACT THAT OFFICIALS HAVE SUFFERED A LOSS THROUGH THE REVALUATION OF THE CURRENCY OF A MEMBER STATE IS NOT SUFFICIENT BY ITSELF TO JUSTIFY THE APPLICATION OF ARTICLE 76 .

3 . THE PRINCIPLE OF EQUALITY OF TREATMENT IS EXPRESSED BY THE FACT THAT ALL COMMUNITY OFFICIALS EMPLOYED IN THE SAME PLACE ARE PAID IN THE SAME CURRENCY AND ACCORDING TO A UNIFORM SCALE, WHATEVER THEIR NATIONALITY AND REGARDLESS OF THE DIFFERENCES IN PURCHASING POWER REPRESENTED BY THE REMUNERATION ACCORDING TO WHERE IT IS SPENT . SINCE THE PAR VALUE OF THE NATIONAL CURRENCY IS ONLY ONE OF THE FACTORS INFLUENCING PURCHASING POWER, AN AUTOMATIC ADJUSTMENT OF THE REMUNERATION OF OFFICIALS ACCORDING TO THE CHANGES IN THAT PAR VALUE WOULD, AS REGARDS OTHER OFFICIALS WHO HAVE TO BEAR OTHER FLUCTUATIONS IN PURCHASING POWER, CONSTITUTE A DISCRIMINATORY PRIVILEGE INCOMPATIBLE WITH THE PRINCIPLE OF EQUALITY OF TREATMENT .

Parties

IN JOINED CASES 63 TO 75/70

FRITZ-AUGUST BODE,

FRIEDHELM DILETTI,

WERNER HORN,

EUGENIE KATZMAREK,

HEINRICH KLITZ,

HANS MAIER,

INGEBURG NOLDEN-HORNSCHUH,

WOLFGANG SACHS,

MANFRED SCHMITT,

ERNA VORDERMAYER,

KURT WEIGHARDT,

HANS JOACHIM WETEKAM,

WALTER ZASTRAU,

OFFICIALS OF THE EUROPEAN COMMUNITIES, REPRESENTED BY VICTOR BIEL, ADVOCATE AT THE COUR SUPERIEURE DE JUSTICE, LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ADVOCATE, 71 RUE DES GLACIS, APPLICANTS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, JUERGEN UTERMANN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF EMILE REUTER, 4 BOULEVARD ROYAL, DEFENDANT,

Subject of the case

APPLICATION FOR COMPENSATION FOR LOSSES WHICH HAVE BEEN SUFFERED AND WILL HAVE TO BE SUFFERED BECAUSE OF THE REVALUATION OF THE DEUTSCHMARK,

Grounds

1 BY APPLICATIONS LODGED ON 16 NOVEMBER 1970, THE APPLICANTS REQUESTED THE COURT TO DECLARE THAT THE EUROPEAN COMMUNITIES, ACTING THROUGH THE COMMISSION, ARE UNDER AN OBLIGATION TO COMPENSATE FOR THE INCREASE IN EXPENDITURE INCURRED BY THE APPLICANTS RESULTING FROM THE FACT THAT, IN ORDER TO MEET THE FINANCIAL OBLIGATIONS WHICH THEY HAVE UNDERTAKEN IN THE FEDERAL REPUBLIC OF GERMANY, THEY HAVE HAD TO TRANSFER A GREATER SUM IN BELGIAN FRANCS, THE CURRENCY IN WHICH THEIR SALARY IS EXPRESSED AND PAID, FOLLOWING THE REVALUATION OF THE DEUTSCHMARK WHICH OCCURRED IN OCTOBER 1969 . THEY REQUESTED THAT THE COMMISSION BE ACCORDINGLY ORDERED TO PAY THEM IN RESPECT OF LOSS OF INCOME, THE SUMS OF MONEY CORRESPONDING TO THE LOSS WHICH THAT REVALUATION HAD CAUSED THEM FOR THE PERIOD FROM 15 NOVEMBER 1969 TO 15 NOVEMBER 1970, ACCORDING TO A CALCULATION ANNEXED TO EACH OF THE APPLICATIONS . IN ADDITION, THE APPLICANT WERNER HORN REQUESTS THAT THE COMMISSION BE ORDERED TO INSERT IN THE STAFF REGULATIONS OF OFFICIALS A PROVISION MAKING THE EMPLOYER OF OFFICIALS OF THE EUROPEAN COMMUNITIES GENERALLY RESPONSIBLE FOR MONETARY RISKS .

2 IT IS NOT FOR THE COURT OF JUSTICE TO GIVE ORDERS TO THE COMMUNITY AUTHORITIES . THEREFORE THIS ADDITIONAL REQUEST MUST BE DISMISSED AS INADMISSIBLE .

3 IN SUPPORT OF THEIR ARGUMENT THE APPLICANTS RELY CHIEFLY ON ARTICLE 76 OF THE STAFF REGULATIONS WHICH PROVIDES THAT GIFTS, LOANS OR ADVANCES MAY BE MADE TO OFFICIALS, FORMER OFFICIALS OR WHERE AN OFFICIAL HAS DIED, TO THOSE ENTITLED UNDER HIM WHO ARE IN A PARTICULARLY DIFFICULT POSITION AS A RESULT INTER ALIA OF SERIOUS OR PROTRACTED ILLNESS OR BY REASON OF FAMILY CIRCUMSTANCES . THEY CLAIM THAT SINCE THE DIFFICULTIES IN THIS CASE STEM IN PARTICULAR FROM THE FAMILY OBLIGATIONS OF THE PARTIES, THEY SHOULD THEREFORE BE CONSIDERED TO CONSTITUTE A PARTICULARLY DIFFICULT POSITION WITHIN THE MEANING OF ARTICLE 76 .

4 ARTICLE 76 DOES NOT IMPOSE ANY SPECIFIC OBLIGATION ON THE COMMUNITY AUTHORITIES, BUT IS INTENDED TO GIVE THEM THE POWER TO COME TO THE ASSISTANCE OF OFFICIALS OR FORMER OFFICIALS WHO ARE IN DIFFICULTIES . THIS PROVISION CONSTITUTES AN EXCEPTION TO THE GENERAL PRINCIPLE THAT ALL OFFICIALS ARE SUBJECT TO THE SAME STAFF REGULATIONS AND CANNOT OBTAIN PRIVILEGES, OTHER THAN THOSE WHICH ARE LAID DOWN IN A GENERAL AND OBJECTIVE MANNER . THEREFORE, THE APPOINTING AUTHORITY MUST ASSESS THE INDIVIDUAL CIRCUMSTANCES OF EACH CASE IN WHICH THERE IS A REQUEST FOR THE APPLICATION OF THIS ARTICLE BEFORE IT CAN ACKNOWLEDGE THE EXISTENCE OF A PARTICULARLY DIFFICULT POSITION . THUS THE PROVISION PROHIBITS ITS AUTOMATIC APPLICATION AS SOON AS CERTAIN EVENTS OCCUR, SUCH AS A SERIOUS OR PROTRACTED ILLNESS .

5 ALTHOUGH THE FACTS UPON WHICH THE APPLICANTS RELY ARE CAPABLE, IN APPROPRIATE CASES, OF CREATING A PARTICULARLY DIFFICULT POSITION WITHIN THE MEANING OF ARTICLE 76 OF THE STAFF REGULATIONS, THE MERE FACT THAT THEY HAVE HAD TO MEET LARGER PAYMENTS FOLLOWING THE REVALUATION OF THE DEUTSCHMARK CANNOT BY ITSELF CONSTITUTE A SUFFICIENT REASON FOR APPLYING THAT PROVISION . ALTHOUGH THEREFORE IT FALLS TO THE OFFICIALS CONCERNED TO APPLY INDIVIDUALLY TO THE COMMISSION SO THAT THE LATTER CAN ASSESS WHETHER ARTICLE 76 SHOULD BE APPLIED IN VIEW INTER ALIA OF THE AMOUNT OF THEIR SALARY, THE FACT THAT THEY SUFFERED LOSS THROUGH THE REVALUATION OF THE DEUTSCHMARK CANNOT, HOWEVER, BE SUFFICIENT BY ITSELF TO JUSTIFY SUCH APPLICATION .

6 THEREFORE, THE SUBMISSION BASED ON THE ALLEGED INFRINGEMENT OF THAT PROVISION MUST BE REJECTED .

7 THE APPLICANTS HAVE IN ADDITION INVOKED THE PRINCIPLE OF EQUALITY OF TREATMENT BETWEEN OFFICIALS OF THE COMMUNITIES .

8 HOWEVER THE PRINCIPLE WHICH HAS BEEN INVOKED HAS BEEN EXPRESSED IN THE STAFF REGULATIONS TO THE EFFECT THAT ALL COMMUNITY OFFICIALS EMPLOYED IN THE SAME PLACE ARE PAID IN THE SAME CURRENCY AND ACCORDING TO A UNIFORM SCALE, WHATEVER THEIR NATIONALITY AND REGARDLESS OF THE FACT THAT THEY SPEND THEIR SALARY IN THEIR PLACE OF WORK OR ELSEWHERE . NO DOUBT, THE SALARY MAY REPRESENT A DIFFERENT PURCHASING POWER ACCORDING TO WHERE IT IS SPENT . THESE DIFFERENCES STEM FROM A LARGE NUMBER OF ECONOMIC AND SOCIAL CIRCUMSTANCES WHICH ARE PECULIAR TO THESE DIFFERENT PLACES AND OF WHICH THE PAR VALUE OF THE NATIONAL CURRENCY IS ONLY ONE OF THE POSSIBLE FACTORS . THEREFORE AN AUTOMATIC ADJUSTMENT ACCORDING TO THE CHANGES IN THE PAR VALUE OF THE CURRENCIES OF MEMBER STATES, SUCH AS IS ENVISAGED BY THE APPLICANTS, WOULD, AS REGARDS OTHER OFFICIALS WHO HAVE TO BEAR THE CONSEQUENCES OF OTHER FLUCTUATIONS IN PURCHASING POWER WHICH ARE LESS OBVIOUS BUT JUST AS SUBSTANTIAL, CONSTITUTE A DISCRIMINATORY ADVANTAGE INCOMPATIBLE WITH THE PRINCIPLE WHICH HAS BEEN INVOKED .

9 THEREFORE, THE SUBMISSION CANNOT BE ACCEPTED .

10 THE APPLICATIONS MUST THEREFORE BE DISMISSED .

Decision on costs

11 UNDER THE PROVISIONS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS, SUBJECT TO THE RESERVATION THAT UNDER ARTICLE 70 OF THOSE RULES, INSTITUTIONS SHALL BEAR THEIR OWN COSTS IN APPLICATIONS BY SERVANTS OF THE COMMUNITIES .

THE APPLICANTS HAVE FAILED IN THEIR SUBMISSIONS .

Operative part

THE COURT ( FIRST CHAMBER )

HEREBY :

1 . DISMISSES THE APPLICATIONS;

2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .