Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - RIGHT OF ACTION - PERSONS CLAIMING THE STATUS OF OFFICIALS OR EMPLOYEES OTHER THAN LOCAL STAFF

2 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION PROVIDING FOR A RECRUITMENT PROCEDURE DEROGATING FROM THE PROVISIONS OF THE STAFF REGULATIONS OF OFFICIALS

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COUNCIL REGULATION NO 3332/82 )

3 . OBJECTION OF ILLEGALITY - NOT AN INDEPENDENT RIGHT OF ACTION

( EEC TREATY , ART . 184 )

4 . OFFICIALS - STATUS OF OFFICIAL - CONDITIONS FOR THE ACQUISITION THEREOF

( STAFF REGULATIONS OF OFFICIALS , ART . 1 , FIRST PARAGRAPH )

5 . BUDGET OF THE EUROPEAN COMMUNITIES - SCOPE - NOT BINDING ON THE LEGISLATIVE AUTHORITIES

6 . PARLIAMENT - RESOLUTION - SCOPE - NOT BINDING

Summary

1 . IT IS NOT ONLY PERSONS WHO HAVE THE STATUS OF OFFICIALS OR OF EMPLOYEES OTHER THAN LOCAL STAFF WHO MAY BRING AN ACTION BEFORE THE COURT TO CONTEST A DECISION ADVERSELY AFFECTING THEM BUT ALSO PERSONS CLAIMING THAT STATUS .

2 . A REGULATION ADOPTED FOR THE PURPOSE OF RECRUITING CERTAIN PERSONS UNDER CONDITIONS DEROGATING FROM THE PROVISIONS OF THE STAFF REGULATIONS OF OFFICIALS IS OF DIRECT AND INDIVIDUAL CONCERN TO THEM , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY , WHERE THE APPOINTING AUTHORITY HAS NO DISCRETION WITH REGARD TO ITS IMPLEMENTATION AND THE NUMBER AND THE IDENTITY OF THOSE WHO COULD BE AFFECTED BY IT WERE DEFINITIVELY DETERMINED AT THE TIME WHEN IT WAS ADOPTED .

3 . IN ALLOWING A PARTY TO PLEAD THE INAPPLICABILITY OF A REGULATION , ARTICLE 184 DOES NOT CREATE AN INDEPENDENT RIGHT OF ACTION ; SUCH A PLEA MAY ONLY BE RAISED INDIRECTLY IN PROCEEDINGS AGAINST AN IMPLEMENTING MEASURE , THE VALIDITY OF THE REGULATION BEING CHALLENGED IN SO FAR AS IT CONSTITUTES THE LEGAL BASIS OF THAT MEASURE .

4 . THE FACT THAT A LEGAL PERSON SUBJECT TO THE LAW OF A MEMBER STATE MAINTAINS CLOSE RELATIONS WITH THE COMMISSION AND IS LARGELY SUBJECT TO ITS CONTROL DOES NOT TRANSFORM IT INTO AN ADMINISTRATIVE UNIT OF THE COMMISSION , NOR DOES IT CONFER THE STATUS OF OFFICIALS OR SERVANTS OF THE COMMUNITIES ON ITS STAFF , SINCE THE CONDITIONS LAID DOWN IN THE FIRST PARAGRAPH OF ARTICLE 1 OF THE STAFF REGULATIONS OF OFFICIALS ARE NOT FULFILLED WITH RESPECT TO THOSE STAFF .

5 . NEITHER THE BUDGET NOR A FORTIORI AN EXPLANATORY REMARK CAN BE SUBSTITUTED FOR THE RULES ADOPTED BY THE COMMUNITY LEGISLATIVE AUTHORITIES ; NOR ARE THEY BINDING ON THOSE AUTHORITIES .

6 . A RESOLUTION OF THE PARLIAMENT IS NOT BINDING AND CANNOT GIVE RISE TO THE LEGITIMATE EXPECTATION THAT THE INSTITUTIONS WILL COMPLY WITH IT .