Keywords

Summary



Keywords

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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - SCOPE OF THE ACTION - DEFINITION DURING THE PRELIMINARY ADMINISTRATIVE PROCEDURE - SUBSEQUENT EXTENSION - NOT PERMISSIBLE

( EEC TREATY, ART . 169 )

2 . OFFICIALS - STAFF REGULATIONS OF OFFICIALS AND CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - LEGAL NATURE - REGULATION - OBLIGATIONS OF THE MEMBER STATES - COMPLIANCE WITH THE SUPPLEMENTARY EFFECT OF THE FAMILY ALLOWANCES PROVIDED FOR BY THE STAFF REGULATIONS OF OFFICIALS(EEC TREATY, ART . 189, SECOND PARAGRAPH; REGULATION NO 259/68 OF THE COUNCIL )

3 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - DEDUCTION OF ALLOWANCES PAID UNDER A NATIONAL SCHEME - EXCEPTION - NATIONAL RULES AGAINST OVERLAPPING - PROHIBITION - SCOPE

( STAFF REGULATIONS OF OFFICIALS, ARTS 62, 67*(2 ) AND 68, SECOND PARAGRAPH; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, ART . 20 )

4 . MEMBER STATES - OBLIGATIONS - AMENDMENT OF NATIONAL LEGISLATION AFFECTING THE APPLICATION OF THE STAFF REGULATIONS OF OFFICIALS - PRIOR CONSULTATION OF THE COMMUNITY INSTITUTIONS

( EEC TREATY, ART . 5 )

Summary

1 . THE SCOPE OF AN ACTION BROUGHT UNDER ARTICLE 169 OF THE EEC TREATY IS DELIMITED BY THE PRELIMINARY ADMINISTRATIVE PROCEDURE PROVIDED FOR BY THAT ARTICLE . THE COMMISSION' S REASONED OPINION AND ITS APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS, WITH THE RESULT THAT A COMPLAINT THAT WAS NOT FORMULATED IN THE REASONED OPINION IS INADMISSIBLE IN PROCEEDINGS BEFORE THE COURT .

2 . BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY, THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, ADOPTED BY REGULATION NO 259/68 OF THE COUNCIL, ARE OF GENERAL APPLICATION, ARE BINDING IN THEIR ENTIRETY AND ARE DIRECTLY APPLICABLE IN ALL MEMBER STATES . IT FOLLOWS THAT, IN ADDITION TO HAVING EFFECTS WITHIN THE COMMUNITY ADMINISTRATION, THEY ARE ALSO BINDING ON MEMBER STATES IN SO FAR AS THEIR COOPERATION IS NECESSARY IN ORDER TO GIVE EFFECT TO THOSE MEASURES .

SINCE IT IS BASED ON A PROVISION CONTAINED IN A REGULATION, NAMELY ARTICLE 67*(2 ) OF THE STAFF REGULATIONS, THE SUPPLEMENTARY EFFECT OF ALLOWANCES PAYABLE UNDER THE STAFF REGULATIONS, AS OPPOSED TO ALLOWANCES OF LIKE NATURE PAID FROM OTHER SOURCES, IS BINDING ON THE MEMBER STATES AND CANNOT BE DISREGARDED BY NATIONAL LEGISLATION .

3 . ACCORDING TO ARTICLE 62 OF THE STAFF REGULATIONS, FAMILY ALLOWANCES ARE COMPRISED IN THE REMUNERATION WHICH THE COMMUNITIES ARE REQUIRED TO PAY THEIR OFFICIALS . ARTICLE 67*(2 ), IN SO FAR AS IT PROVIDES THAT ALLOWANCES OF LIKE NATURE PAID FROM OTHER SOURCES ARE TO BE DEDUCTED FROM THOSE PAYABLE UNDER THE STAFF REGULATIONS, CONSTITUTES AN EXCEPTION TO ARTICLE 62 OF THE STAFF REGULATIONS AND CANNOT HAVE THE EFFECT OF REMOVING THE COMMUNITIES' OBLIGATION TO PAY FAMILY ALLOWANCES WHENEVER A MEMBER STATE CONFERS ENTITLEMENT TO SUCH ALLOWANCES IN RESPECT OF THE CHILD OF AN OFFICIAL, FORMER OFFICIAL OR OTHER SERVANT OF THE COMMUNITIES . FOR ARTICLE 67*(2 ) OF THE STAFF REGULATIONS TO APPLY, THERE MUST BE IN RELATION TO THAT MEMBER STATE A COMPARABLE LINK WITH CIRCUMSTANCES CONFERRING ENTITLEMENT TO THE AWARD OF ALLOWANCES UNDER THE STAFF REGULATIONS .

THAT IS WHY ARTICLE 67*(2 ) AND THE OTHER RELATED PROVISIONS OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT PRECLUDE A MEMBER STATE FROM PROVIDING THAT THE FAMILY BENEFITS PAYABLE UNDER ITS LEGISLATION ARE TO BE REDUCED BY THE AMOUNT OF THE COMPARABLE ALLOWANCES PROVIDED FOR BY THE STAFF REGULATIONS WHERE EITHER THE SPOUSE OF A SERVING OFFICIAL, RETIRED OFFICIAL OR OTHER COMMUNITY SERVANT HAS OR HAS HAD PAID EMPLOYMENT WITHIN THE TERRITORY OF THAT STATE, OR THE OFFICIAL HIMSELF HAS PART-TIME PAID EMPLOYMENT OUTSIDE THE COMMUNITY INSTITUTIONS WHICH ENTAILS HIS AFFILIATION TO THE NATIONAL FAMILY ALLOWANCE SCHEME .

HOWEVER, ARTICLE 67*(2 ) IS NOT APPLICABLE WHERE THE SPOUSE OF A SERVING OFFICIAL, RETIRED OFFICIAL OR OTHER COMMUNITY SERVANT CARRIES ON WITHIN THE TERRITORY OF A MEMBER STATE AN ACTIVITY AS A SELF-EMPLOYED PERSON, EVEN IF SUCH AN ACTIVITY ENTAILS AFFILIATION TO THE NATIONAL FAMILY ALLOWANCE SCHEME AND THEREBY CONFERS ENTITLEMENT IN PRINCIPLE TO THE AWARD OF THOSE BENEFITS .

4 . THE DUTY OF COOPERATION WHICH MUST GOVERN RELATIONS BETWEEN THE COMMUNITY AND THE MEMBER STATES PURSUANT TO ARTICLE 5 OF THE EEC TREATY PRECLUDES A MEMBER STATE FROM ADOPTING ANY PROVISIONS AFFECTING THE APPLICATION OF THE STAFF REGULATIONS AND AMENDING AN EARLIER PRACTICE CONSISTENTLY FOLLOWED BY IT, WITHOUT CONSULTING THE COMMUNITY INSTITUTIONS CONCERNED .