CELEX: 61983CC0174(01)
Language: en
Date: 1986-03-19
Title: Joined opinion of Mr Advocate General Mancini delivered on 19 March 1986. # Frigen Ammann and others v Council of the European Communities. # Officials - Interest on salary arrears. # Case 174/83. # Suzanne Culmsee and others v Economic and Social Committee. # Officials - Interest on salary arrears. # Case 175/83. # Alain-Pierre Allo and others v Commission of the European Communities. # Officials - Interest on salary arrears. # Case 176/83. # P. Agostini and others v Commission of the European Communities. # Officials - Interest on salary arrears. # Case 233/83. # J. P. Ambrosetti and others v Commission of the European Communities. # Officials - Interest on salary arrears. # Case 247/83. # René Delhez and others v Commission of the European Communities. # Officials - Interest on salary arrears. # Case 264/83.

OPINION OF MR ADVOCATE GENERAL MANCINI
   delivered on 19 March 1986 (
         *1
      )
   
      Mr President,
   
   
      Members of the Court,
   
   
            1. 
         
         
            By six interim judgments given on 4 July 1985 in Cases 174, 175, 176, 233, 247 and 264/83, the Third Chamber of the Court ruled on the objections of inadmissibility raised by the defendants and decided to refer the substantive issues to the full Court, in particular the questions whether interest is owed on account of the delay in the payment of the applicants' salaries, the amount of such interest and the date from which interest accrued.
            The sitting that has just ended has disclosed nothing to cause me to change the views I expressed in the Opinion which I delivered in the aforesaid cases on 31 January 1985. My views are, if anything, confirmed by the useful explanations furnished by counsel for Mr Ammann and others with regard to the Belgian legislation.
         
      
            2. 
         
         
            I would therefore reiterate the suggestions which I made on 31 January 1985 and propose that the Court should:
            
                     (a)
                  
                  
                     annul the applicants' salary slips for December 1982 on the ground that, in implementing Council Regulation No 3139/82, the defendants failed to take account, contrary to Articles 16 (1) and 17 (1) of Annex VII to the Staff Regulations inasmuch as they are referred to in the first paragraph of Article 62 of the Staff Regulations, of the delay in the payment of the sums due under that regulation, and also annul the decisions rejecting the applicants' complaints;
                  
               
                     (b)
                  
                  
                     order the Council, the Economic and Social Committee and the Commission to pay default interest at the rate of 6% per annum on the salary arrears due under Regulation No 3139/82. Such interest is to be calculated from the dates on which the arrears should have been paid until the date of payment, namely from 15 February 1981 as regards the arrears relating to the second half of 1980 and, as regards the others, from the dates on which they fell due, as provided for by Regulation No 3139/82;
                  
               
                     (c)
                  
                  
                     for the rest, dismiss the applications;
                  
               
                     (d)
                  
                  
                     order the parties to bear their own costs since each party has succeeded on some heads and failed on others.
                  
               
      (
         *1
      )	Translated from the Italian.