Keywords
Summary

Keywords

1 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED PRIOR TO ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - OBLIGATIONS OF THE MEMBER STATES - ADOPTION OF MEASURES MAKING SUCH TRANSFERS POSSIBLE

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

2 . OFFICIALS - STAFF REGULATIONS - LEGAL NATURE - REGULATION - DIRECT APPLICABILITY - OBLIGATIONS OF THE MEMBER STATES - ADOPTION OF THE NECESSARY IMPLEMENTING MEASURES

( EEC TREATY , ART . 189 ; REGULATION NO 259/68 OF THE COUNCIL )

Summary

1 . ALL THE MEMBER STATES ARE BOUND TO SELECT AND PUT INTO EFFECT SPECIFIC MEASURES WHICH WILL MAKE POSSIBLE THE EXERCISE OF THE RIGHT , GRANTED TO OFFICIALS UNDER ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS , TO TRANSFER RIGHTS ACQUIRED UNDER A NATIONAL PENSION SCHEME TO THE COMMUNITIES ' PENSION SCHEME BY INTRODUCING RULES PROVIDING FOR THE ACTUAL TRANSFER OF SUCH RIGHTS TO THE COMMUNITY SCHEME . THE REFUSAL OF A MEMBER STATE TO LAY DOWN SUCH RULES WOULD HAVE THE EFFECT OF DEPRIVING OFFICIALS OF THE COMMUNITIES OF THE VERY RIGHT TO EXERCISE THE OPTION GRANTED TO THEM BY THE STAFF REGULATIONS AND , WHEN OTHER MEMBER STATES HAVE ALREADY DONE SO , DESTROYS THE EQUALITY OF COMMUNITY OFFICIALS FROM OTHER MEMBER STATES WITH THOSE FROM THE MEMBER STATES CONCERNED .

2 . THE FACT THAT , BY REASON OF THEIR STATUS AS A REGULATION , THE STAFF REGULATIONS ARE DIRECTLY APPLICABLE IN ALL THE MEMBER STATES AND THAT , CONSEQUENTLY , INDIVIDUALS ARE AFFORDED THE MINIMUM GUARANTEE REPRESENTED BY THE RIGHT TO RELY ON THE PROVISIONS THEREOF BEFORE THE NATIONAL COURTS CANNOT RELEASE THE MEMBER STATES FROM THE OBLIGATION TO ADOPT APPROPRIATE NATIONAL MEASURES TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF SUCH PROVISIONS WHERE THAT PROVES NECESSARY .