CELEX: 31962R0013
Language: en
Date: 1962-06-12 00:00:00
Title: EEC/EAEC/ECSC: Regulation No 62/EEC, No 13/EAEC of the Councils determining the emoluments of members of the Court of Justice

250                                 Official Journal of the European Communities
19.7.62                      OFFICIAL. JOURNAL OF THE EUROPEAN COMMUNITIES                                      1713/62
                                       REGULATION OF THE COUNCILS
                           determining the emoluments of members of the Court of Justice
                                              (No 62 EEC) (No 13 EAEC)
THE COUNCIL        OF THE EUROPEAN ECONOMIC                                              Article 2
COMMUNITY,
                                                               The basic monthly salary shall be :
THE     COUNCIL      OF   THE    EUROPEAN       ATOMIC                                       i
ENERGY COMMUNITY,                                                    President                            Bfrs 85 600
THE SPECIAL COUNCIL OF MINISTERS OF THE
                                                                     Judges and Advocates-General         Bfrs 68 750
EUROPEAN COAL AND STEEL COMMUNITY,                                   Registrar                            Bfrs 61 600
Having regard to the Treaty establishing the                                             Article 3
European Economic Community, and in particular
Article 154 thereof, and to Article 20 of the Protocol         L       Family allowances shall comprise :
on the Privileges and Immunities of the Community;
                                                               (a) Head of household allowance, equal to 5% of
Having    regard   to   the   Treaty   establishing    the            the basic salary ;                      1
European Atomic Energy Community, and in
particular Article 123 thereof, and to Article 20 of the       ( b ) Dependent child's allowance, equal to Bfrs 1000
Protocol on the Privileges and Immunities of the                      per child per month ;
Community ;
                                                               ( c) Education allowance.
Having regard to the Treaty establishing the
European Coal and Steel Community, and in                      2.      'Head of household' means a married member
particular Article 29 thereof, and to Articles 5 , 13 and      of the Court or ~ a member who has dependent
15 of the Protocol on the Statute of the Court of              children. Where the spouse is gainfully employed,- the
Justice ;                                                      member shall not be entitled to a head of household
                                                               allowance .
Having regard to the Decision of the Special Council
of Ministers of 13 and 14 October 1958 ;                       3 . 'Dependent child' means the legitimate, .natural
                                                               or adopted child of a member of the Court, or of his
Having regard to the proposal from the Committee               spouse, who is actually being maintained by the
                                                               member of the Court.
provided for in Article 78 (3 ) of the Treaty
establishing the European Coal and Steel Community ;
                                                               The allowance shall be granted in respect of:
HAVE ADOPTED THIS REGULATION :                                 — a child under eighteen years of age ;
                                                               — a child between eighteen and twenty-five years of
                        Article 1                                    age who is receiving full-time education or
                                                                     vocational training.
From the date of taking up their duties until they
cease to hold office, members of the Court shall be            Payment of the allowance in respect of a child
entitled to a basic salary, family allowances and other        prevented by serious illness or disablement from
allowances, paid in the currency of the country where          earning a livelihood shall continue throughout the
the European Coal and Steel Community has its                  period of that illness or disablement, irrespective of
provisional seat.                                              age .
 ---pagebreak---                                      Official Journal of the European Communities                                    251
 4. In respect of each dependent child within the                                        Article 6
 meaning of paragraph 3 who is in regular full-time
attendance at an educational establishment, the                 A member of the Court required in the course of his
 member of the Court shall in addition be entitled to           duties to travel away from the provisional seat of the
 an education allowance equal to the actual education           European Coal and Steel Community shall be entitled
costs incurred by him up to a maximum of 900 francs             to :
per month.
                                                                ( a) reimbursement of travelling expenses ;
 Entitlement to this allowance shall commence on the
 first day of the month in which the child reaches the          (b ) reimbursement of hotel expenses (room , service
 age of six years and shall cease at the end of the                   and taxes only);
month in which the child reaches the age of                     ( c) a subsistence allowance , of Bfrs 650 for each
twenty-one years .                                                   complete day of absence; for journeys outside
                                                                      Europe the allowance shall be Bfrs 1250.
                          Article 4
                                                                                        Article 7
 1.     Members of the Court shall be entitled to a
                                                                1 . For three years from the first day of the month
 residence allowance equal to 15% of the basic salary.          following that in which he ceases to hold office, a
                                                                former member of the Court shall receive a monthly
2. A monthly representation allowance shall be                  transitional allowance equal to 40% of the basic
granted to the members of the Court as follows :                salary which he was receiving when he ceased to hold
                                                                office if he has served for less than two years, to 45%
     President                               Bfrs 17 500
                                                                of such basic salary if he has served for more than
                                                                two but less than three years and to 50% in other
     Judges and Advocates-General            Bfrs 7 500         cases .
     Registrar                               Bfrs  6 875       2.      Entitlement to this allowance shall cease if the
                                                                former member of the Court is reappointed to office
3.      Presiding Judges of the Chambers of the Court           in one of the institutions of the Communities or upon
shall in addition receive during their term of office a         his death. In the event of reappointment, the
special duty allowance of Bfrs 10 000 per month.               allowance shall be paid up to the date of taking up his
                                                                duties ; in the event of death, the payment for the
                                                                month in which death occurred shall be the last.
                         Article S
                                                               3 . If during this three-year period the person
 On taking up his duties and on ceasing to hold office          concerned takes up any new gainful activity, the
a member of the Court shall be entitled to :                    amount by which his gross monthly remuneration ( i.e.
                                                                before deduction of taxes) together with the
( a) an installation allowance equal to two months'             allowance provided for in paragraph 1 exceeds the
      basic salary on taking up his duties and a               remuneration, before compensatory adjustment or
      resettlement allowance equal to one month's               deduction of tax, which he was receiving as a
      basic salary on ceasing to hold office;                  member of the Court under Articles 2, 3 and 4 ( 1 )
                                                               shall be deducted from the allowance. In calculating
(b) reimbursement of the cost of removal of his                the amount of remuneration received for the new
      personal effects and furniture, including                activity, all forms of remuneration shall be included,
      insurance against ordinary risks (theft, breakage,       except those representing reimbursement of expenses.
      fire).
                                                               The Councils shall take all measures required to
If his term of office is renewed he shall not be               ensure the application of the preceding paragraph.
entitled to any of the allowances set out in this
Article. Nor shall he be so entitled if he is appointed
                                                                                        Article 8
member of another institution of the Communities, if
that institution has its provisional seat in the town
where he was formerly required to reside by reason             1 . After ceasing to hold office, members of the
of his       office and if  at   the time   of the   new       Court shall be entitled-, to a pension for life payable
appointment he has not already effected his                    from the date when they reach the age of sixty-five
resettlement.                                                  years .
 ---pagebreak--- 252                                  Official Journal of the European Communities
2.     They may, however, ask to start drawing such             Atomic Energy Community and of the Staff
pension from the age of sixty years. In that case, a            Regulations of Officials of the European Coal and
coefficient shall be applied to the pension as follows :        Steel Community.
        Age                                Coefficient
                                                                                         Article 12 -
        60 years                           0-64271
        61 years                           0-69762              Where       a   third  party   is   responsible for  the
                                                                disablement or death of a member of the Court, the
        62 years                           0-75985              rights of that member or of those entitled under him
                                                                to bring legal proceedings against the third party
        63 years                           0-82157
                                                                shall devolve on the Communities to the extent to
        64 years                           0-90554              which they incur obligations under this pension
                                                                scheme .
                          Article 9
                                                                                         Article 13
The amount of the pension shall be 4-5% of the basic
salary last received for each full year of office and           The transitional allowance provided for in Article 7,
one-twelfth of that sum for each complete month.                the pension provided for in Article 8 and the
The maximum . pension shall be 50% of the basic                 pensions provided for in Article 10 shall not be
salary last received.                                           drawn concurrently by the same person. Where a
                                                                member of the Court is entitled to claim benefit
                                                                under more than one of those provisions, only that
                         Article 10
                                                                provision which is the most favourable to the
                                                                claimant shall be applied.
A member of the Court who is suffering from
disablement deemed to be total which prevents him
from performing his duties and who on these                                              Article 14
grounds resigns or is compulsorily retired shall be
entitled from the date of resignation or compulsory             Where a member of the Court dies during his term of
retirement to the following benefits :                          office, the surviving spouse or dependent children
                                                                shall be entitled, until the end of the third month
(a) where the disablement is recognised as                      following that in which death occurs, to the
     permanent, he shall be entitled to a pension for           remuneration to which the member of the Court
     life calculated in accordance with the provisions          would have been entitled under Articles 2, 3 and
     of Article 9, Which shall be not less than 25% of          4 ( 1 ).
     the basic salary last received. He shall be entitled
     to the maximum pension if the incapacity is the
     result of disablement or illness contracted in the                   i              Article 15
     performance of his duties.
(b) Where disablement is temporary, he shall be                  1.      The widow and dependent children of a
     entitled, until he recovers, to a pension at the rate      member or former member of the Court to whom
  ,  of 50% of the basic salary last received if the            pension rights have accrued at the time of his death
     disablement or illness was contracted in the               shall be entitled to a survivor's pension.
     performance of his . duties, and 25% in other
     cases . When the recipient of such disability              That pension shall be equal to a percentage of the
     pension reaches the age of sixty-five years or the         pension accruing to the member or former member
     disability pension has been in effect for seven            of the Court under Article 9 at the date of death,
     years, it shall be replaced by a pension for life          namely :
     calculated in accordance with the provisions of                 for the widow                      •        50%
     Article 9 .
                                                                     for each child where the mother is still
                                                                     alive                                       10%
                         Article 11                    .
                                                                     for each , child where both father and
Members of the Court shall be entitled to the benefits               mother are dead                             20%
of the social security scheme provided for in Articles
72 to 75 of the Staff Regulations of Officials of the           However, if the death of the member of the Court
European Economic Community and the European                    occurs during his term of office, the survivor's
 ---pagebreak---                                       Official Journal of the European Communities                                   253
pension shall be calculated on the basis of a pension                                    Article 18
equal to 50% of the basic salary received at the time
of death.                                                        Payment of the benefits provided for in this pensions
                                                                 scheme shall be entered in the budget of the
2.     The total amount of these survivors' pensions             European Economic Community and the European
shall not exceed the amount of the pension of the                Atomic Energy Community and in the general
member or former member of the Court on which                    estimate of expenditure of the European Coal and
they are calculated . The maximum total survivors'               S.teel Community.
pensions payable shall be divided, where applicable,
between the beneficiaries in accordance with the
                                                                                         Article 19
above percentages.
3 . Survivors' pensions shall be granted from the                1 . Payment of the sums due under Articles 2, 3 , 4,
first day of the calendar month following the date of            5 , 11 and 14 shall be made in the currency of the
death. However, where the provisions of Article 14               country where the European Coal and Steel
are applied, eligibility shall not commence until the            Community has its provisional seat.
first day of the fourth month following that in which
death occurred .                                                 2.     Beneficiaries may elect to have sums due under
                                                                 Articles 7, 8, 10 and 15 paid in the currency either of
4.     Entitlement to a survivor's pension shall cease           the country of which they are nationals or of their
at the end of the calendar month in which the person             country of residence or of the country where the
entitled dies . Moreover, entitlement to an orphan's             Community has its provisional seat; their choice shall
pension shall cease at the end of the month in which             remain operative for at least two years. Where
                                                                 neither the first nor the second of these countries is a
the child reached the age of twenty-one years.
However, entitlement shall be extended while the                 Member country of the Community, the sums due
child is receiving vocational training, though not               shall be paid in the currency of the country where the
beyond the end of the month in which he reaches the              European Coal and Steel Community has its
age of twenty-five years.                                        provisional seat.
The pension shall remain payable to an orphan who                                        Article 20
is prevented through illness or disablement from
earning a livelihood.
                                                                 Members of the Court who have resigned between
                                                                 the date when this Regulation is adopted and the
5.     Where a former member of the Court marries
                                                                 date of its entry into force may at their request opt
and at the date of marriage has pension rights                   within two months of publication of this Regulation
accruing to him under this Regulation, the wife and              for the continued application in their entirety of the
any children of that marriage shall not be entitled to           provisions on emoluments previously applicable.
a survivor's pension save where the marriage
precedes the death of the former member of the
Court by five years or more.                                                             Article 21
6.     A widow's entitlement to a survivor's pension             In pursuance of Article 20 of the Protocols on the
shall cease on remarriage. She shall then be entitled            Privileges and Immunities of the European Economic
to immediate payment of a lump sum equal to twice                Community and the European Atomic Energy
the annual amount of her survivor's pension.                     Community and of Article 11 (b) of the Protocol on
                                                                 the Privileges and Immunities of the European Coal
                                                                 and Steel Community, the emoluments of members
                         Article 16                              of the Court under this Regulation shall be subject,
                                                                 where they are covered by the funds of the European
A member of the Court who is relieved of his duties              Economic Community and the European Atomic
 or has his pension rights withdrawn shall forfeit any           Energy Community, to the tax for the benefit of the
right to transitional allowance. The loss of pension             Community in accordance with the Regulation laying
 rights shall not affect those entitled under him.               down the conditions and procedure for applying that
                                                                 tax or, where they are covered by the funds of the
                                                                 European Coal and Steel Community, to
                         Article 17                              compensatory adjustment to bring them to the same
                                                                 level as those of members of the Commissions of the
Should the Councils decide to increase the basic                 European Economic Community and the European
salary, they shall at the same time decide on a                  Atomic Energy Community who are liable to
 appropriate increase in the rates of existing pensions .        Community tax. The amounts must be calculated in
 ---pagebreak--- 254                               Official Journal of the European Communities
such a way that the adjustment and the tax together                                 Article 22
equal the amount which members of the Court
would have paid as Community tax if they had been             This Regulation shall enter into force on 10 January
members of the Commission of the European                   . 1962 .
Economic Community, or of the European Atomic
Energy Community, in accordance with the                      With effect from that date all previous decisions
Regulation laying down the conditions and procedure           governing the emoluments of members of the Court
for applying the tax adopted by the Councils of the           shall be repealed. The Decision of the Special Council
European Economic Community and the European                  of Ministers of the European Coal and . Steel
Atomic Energy Community, and with all the                     Community of 13 and 14 October 1958 , shall,
regulations adopted in application of that regulation.        however, remain in force.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .