This document is an excerpt from the EUR-Lex website
Document 61979CJ0137
Summary of the Judgment
Summary of the Judgment
1 . OFFICIALS - ECSC SEPARATION ALLOWANCE - NO RIGHT TO ALLOWANCE - POSSIBILITY FOR PERSON CONCERNED TO RELY ON FOURTH PARAGRAPH OF ARTICLE 97 OF THE STAFF REGULATIONS OF THE ECSC OF 1962 - NONE
( STAFF REGULATIONS OF OFFICIALS OF THE ECSC OF 1956 , ART . 47 ; STAFF REGULATIONS OF OFFICIALS OF THE ECSC OF 1962 , ART . 97 , FOURTH PARA .)
2 . NON-CONTRACTUAL LIABILITY - ACT OF SUCH A NATURE AS TO INVOLVE THE ADMINISTRATION IN LIABILITY - CONCEPT - INCORRECT INTERPRETATION OF PROVISIONS OF LAW RELATING TO OFFICIALS - EXCLUSION
1 . AN OFFICIAL WHO HAS NEVER RECEIVED THE SEPARATION ALLOWANCE UNDER ARTICLE 47 OF THE STAFF REGULATIONS OF OFFICIALS OF THE ECSC OF 1956 CANNOT RELY ON THE TRANSITIONAL PROVISIONS OF THE FOURTH PARAGRAPH OF ARTICLE 97 OF THE ECSC STAFF REGULATIONS OF 1962 .
2.APART FROM THE EXCEPTIONAL INSTANCE , THE ADOPTION OF AN INCORRECT INTERPRETATION OF THE PROVISIONS GOVERNING THE EUROPEAN CIVIL SERVICE DOES NOT , OF ITSELF , CONSTITUTE A WRONGFUL ACT SUCH AS TO INVOLVE THE COMMUNITY IN LIABILITY .