Commission of the European Communities v Kingdom of Belgium.
Date: 1987-05-07
10 THE COMMISSION TOOK THE VIEW THAT THE ROYAL DECREES OF 15 JULY AND 19 NOVEMBER 1982 WERE INCOMPATIBLE WITH ARTICLE 67*(2 ) AND THE SECOND PARAGRAPH OF ARTICLE 68 OF THE STAFF REGULATIONS AND WITH ARTICLE 20 OF THE CONDITIONS OF EMPLOYMENT, AND THAT THEIR IMPLEMENTATION HAD BEEN CONTRARY TO ARTICLE 5 OF THE EEC TREATY AND ARTICLES 15 AND 19 OF THE PROTOCOL, AND THEREFORE GAVE THE BELGIAN GOVERNMENT FORMAL NOTICE TO THAT EFFECT BY LETTER OF 15 FEBRUARY 1983 . AS THE BELGIAN GOVERNMENT DENIED THAT IT WAS AT FAULT, THE COMMISSION ISSUED A REASONED OPINION UNDER ARTICLE 169 OF THE EEC TREATY ON 29 NOVEMBER 1984 . IN RESPONSE TO THE OBSERVATIONS OF THE BELGIAN GOVERNMENT, WHICH MAINTAINED ITS VIEW, THE COMMISSION BROUGHT THIS ACTION BEFORE THE COURT .
13 THE COURT HAS CONSISTENTLY HELD ( IN PARTICULAR IN ITS JUDGMENT OF 7 FEBRUARY 1984 IN CASE 166/82 COMMISSION V ITALY (( 1984 )) ECR 459 ) THAT THE SCOPE OF AN ACTION BROUGHT UNDER ARTICLE 169 OF THE TREATY IS DELIMITED BY THE PRELIMINARY ADMINISTRATIVE PROCEDURE PROVIDED FOR BY THAT ARTICLE AND THAT THE COMMISSION' S REASONED OPINION AND ITS APPLICATION MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS . IT FOLLOWS THAT THE COURT CANNOT CONSIDER, IN THESE PROCEEDINGS, A COMPLAINT THAT WAS NOT FORMULATED IN THE REASONED OPINION .
21 IT MUST BE BORNE IN MIND, FIRST, THAT THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT WERE ADOPTED BY MEANS OF COUNCIL REGULATION ( EEC, EURATOM, ECSC ) NO 259/68 OF 29 FEBRUARY 1968 ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION 1968 ( I ), P . 30 ) AND THAT, BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY, THAT REGULATION HAS GENERAL APPLICATION, IS BINDING IN ITS ENTIRETY AND IS DIRECTLY APPLICABLE IN ALL MEMBER STATES . IT FOLLOWS THAT, AS THE COURT POINTED OUT IN PARTICULAR IN ITS JUDGMENT OF 20 OCTOBER 1981 IN CASE 137/80 COMMISSION V BELGIUM (( 1981 )) ECR 2393, IN ADDITION TO HAVING EFFECTS WITHIN THE COMMUNITY ADMINISTRATION, THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT ARE ALSO BINDING ON MEMBER STATES IN SO FAR AS THEIR COOPERATION IS NECESSARY IN ORDER TO GIVE EFFECT TO THOSE MEASURES . ACCORDINGLY, IT IS NECESSARY TO CONSIDER WHETHER ARTICLE 67*(2 ) OF THE STAFF REGULATIONS IMPOSES BINDING OBLIGATIONS ON THE MEMBER STATES .
23 IF THE CONFLICTS IN QUESTION WERE GOVERNED BY PROVISIONS OF NATIONAL LAW, THEY MIGHT BE RESOLVED IN DIFFERENT WAYS ACCORDING TO THE MEMBER STATE WITHIN WHOSE TERRITORY THE OFFICIAL OR HIS SPOUSE CARRIED ON THEIR ACTIVITIES OR RESIDED . ARTICLE 67*(2 ) OF THE STAFF REGULATIONS MAKES IT POSSIBLE TO RESOLVE CONFLICTS BETWEEN THE COMMUNITY SCHEME AND THE VARIOUS NATIONAL SCHEMES, AS THE FAMILY ALLOWANCES PROVIDED FOR BY THE STAFF REGULATIONS ARE PAID TO THOSE ENTITLED TO THEM ONLY IN SO FAR AS THEY EXCEED THE AMOUNT OF THE COMPARABLE ALLOWANCES PAID UNDER A SCHEME ESTABLISHED BY THE LEGISLATION OF A MEMBER STATE . SINCE IT IS BASED ON ARTICLE 67 ( 2 ) ITSELF, THAT IS TO SAY ON A PROVISION CONTAINED IN A REGULATION ADOPTED PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY, THE SUPPLEMENTARY EFFECT OF ALLOWANCES PAYABLE UNDER THE STAFF REGULATIONS IS BINDING ON THE MEMBER STATES AND CANNOT BE DISREGARDED BY NATIONAL LEGISLATION .