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Judgment No. 278

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Considerations

Extract:

the administrative council "defined its position as follows 'the provisions of the staff regulations and other texts relating to the staff should so far as possible match those applicable to european communities staff.' it appears clearly from this statement, the precise purport of which is indicated by use of the term 'so far as possible', that the administrative council did not decide to ensure full conformity between [its staff regulations] and those of the european communities, that it entered into no legal commitment in that regard and that it merely made a statement of intent which did not provide for any sanction."

Keywords

statement of intent; law of european communities; rule of another organisation; coordinated organisations; enforcement; executive body; binding character; proposal

Considerations

Extract:

"although the applications to intervene ... all of which have been submitted by ... staff members who have an interest in the quashing of the impugned decision, are receivable, they are, like the complaints themselves, unfounded."

Keywords

intervention; receivability of the complaint; cause of action

Considerations

Extract:

"the complaints are seeking to have quashed decisions whereby the administrative council ... refused to revise the application to them of the staff pension scheme... thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."

Keywords

decision; general decision; individual decision; receivability of the complaint; competence of tribunal; adjustment; pension; pension adjustment system; application for quashing; executive body; refusal



 
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