Commission of the European Communities v Kingdom of Belgium.
Date: 1981-10-20
7 AS THE COMMISSION EMPHASIZED , THE STAFF REGULATIONS OF OFFICIALS WERE LAID DOWN BY REGULATION NO 259/68 OF THE COUNCIL OF 29 FEBRUARY 1968 WHICH POSSESSES ALL THE CHARACTERISTICS SET OUT IN THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY UNDER WHICH A REGULATION HAS GENERAL APPLICATION . IT IS BINDING IN ITS ENTIRETY AND IS DIRECTLY APPLICABLE IN ALL MEMBER STATES .
8 IT FOLLOWS THAT THE STAFF REGULATIONS , IN ADDITION TO HAVING EFFECTS IN THE INTERNAL ORDER OF THE COMMUNITY ADMINISTRATION , ARE BINDING ON MEMBER STATES IN SO FAR AS THEIR COOPERATION IS NECESSARY IN ORDER TO GIVE EFFECT TO THOSE REGULATIONS .
9 CONSEQUENTLY , WHERE A PROVISION OF THE STAFF REGULATIONS REQUIRES NATIONAL MEASURES FOR ITS APPLICATION , THE MEMBER STATES ARE BOUND UNDER ARTICLE 5 OF THE EEC TREATY TO ADOPT ALL APPROPRIATE MEASURES , WHETHER THEY BE GENERAL OR PARTICULAR .
11 IT MUST BE STATED IN REPLY TO THAT ARGUMENT THAT ARTICLE 11 ( 2 ), BY ESTABLISHING FOR THE BENEFIT OF OFFICIALS A SYSTEM FOR THE TRANSFER OF PENSION RIGHTS , WAS INTENDED TO FACILITATE MOVEMENT FROM NATIONAL EMPLOYMENT , WHETHER PUBLIC OR PRIVATE , TO THE COMMUNITY ADMINISTRATION AND THUS ENSURE THAT THE COMMUNITIES HAVE THE BEST POSSIBLE CHANCE OF BEING ABLE TO CHOOSE QUALIFIED STAFF WHO ALREADY POSSESS SUITABLE EXPERIENCE .
12 ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS , WHICH IS INTENDED TO ENABLE THE COMMUNITY SCHEME TO BE COORDINATED WITH THE NATIONAL SCHEMES , SEEKS , MOREOVER , TO ENSURE THAT COMMUNITY OFFICIALS MAY RETAIN THE RIGHTS WHICH THEY HAVE ACQUIRED IN THEIR OWN STATE EVEN THOUGH THEY MAY BE LIMITED , OR EVEN CONDITIONAL OR FUTURE , OR INSUFFICIENT TO GIVE RISE TO THE IMMEDIATE AWARD OF A PENSION , AND ALSO TO ENSURE THAT ACCOUNT MAY BE TAKEN OF THOSE RIGHTS BY THE PENSION SCHEME TO WHICH THE PERSONS CONCERNED ARE AFFILIATED AT THE END OF THEIR CAREERS , IN THIS CASE THE COMMUNITY SCHEME .
17 IN THAT REGARD , THE DIFFICULTIES WHICH A MEMBER STATE IS SAID TO HAVE TO SURMOUNT IN ADOPTING THE MEASURES NECESSARY IN ORDER TO ENABLE ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS TO BE PUT INTO EFFECT , AND IN PARTICULAR THOSE OF A TECHNICAL NATURE , SUCH AS THE ALLEGED IMPOSSIBILITY OF DETERMINING THE VALUE OF THE RIGHTS ACQUIRED BY OFFICIALS IN THE VARIOUS BRANCHES OF THE PUBLIC SERVICE BEFORE THE DATE ON WHICH THEY FINALLY RETIRE OR THE FACT THAT THE PENSIONS TO WHICH THEY ARE ENTITLED ARE LIABLE TO INCREASES OR REDUCTIONS DECIDED UPON BY THE LEGISLATURE , CANNOT EXPUNGE THE FAILURE TO FULFIL AN OBLIGATION WITH WHICH THE STATE IS CHARGED . ACCORDING TO WELL-ESTABLISHED CASE-LAW , A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS RESULTING FROM A COMMUNITY REGULATION .
19 THE BELGIAN GOVERNMENT ' S REFUSAL TO ALLOW THE TRANSFER OF PENSION RIGHTS TO THE COMMUNITY SCHEME WHEN OTHER MEMBER STATES HAVE ALREADY DONE SO DESTROYS THE EQUALITY OF COMMUNITY OFFICIALS FROM OTHER MEMBER STATES WITH THOSE FROM BELGIUM BY INTRODUCING DISCRIMINATION AGAINST THE LATTER . THAT REFUSAL MIGHT ALSO IMPEDE THE RECRUITMENT BY THE COMMUNITY OF BELGIAN OFFICIALS WITH A CERTAIN LENGTH OF SERVICE SINCE MOVEMENT FROM THE NATIONAL ADMINISTRATION TO THAT OF THE COMMUNITY WOULD ENTAIL THE LOSS OF PENSION RIGHTS TO WHICH THEY WOULD BE ENTITLED IF THEY HAD NOT ACCEPTED EMPLOYMENT WITH THE COMMUNITY .