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Document 61974CJ0028
Tuomion tiivistelmä
Tuomion tiivistelmä
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1 . OFFICIALS - VESTED RIGHTS - ACQUISITION - CONDITIONS - BASED ON THE STAFF REGULATIONS
2 . OFFICIALS - TERMINATION OF SERVICE - HOLDERS OF GRADES A 1 AND A 2 UNDER THE SCHEME OF THE STAFF REGULATIONS OF THE ECSC OF 1956 - FINANCIAL BENEFITS - LEGALITY
( REGULATION NO 2530/72, ARTICLE 5 )
3 . OFFICIALS - REMUNERATION - PAYMENT - CURRENCY OTHER THAN THE BELGIAN FRANC - DEVALUATION - ARTICLE 63 OF THE STAFF REGULATIONS OF OFFICIALS - LEGALITY
1 . AS THE LEGAL LINK BETWEEN AN OFFICIAL AND THE ADMINISTRATION IS BASED UPON THE STAFF REGULATIONS AND NOT UPON A CONTRACT, AN OFFICIAL CANNOT IN ANY CASE CLAIM A VESTED RIGHT UNLESS THE FACTS GIVING RISE TO THAT RIGHT AROSE UNDER A PARTICULAR SET OF STAFF REGULATIONS PRIOR TO THE AMENDMENT DECIDED UPON BY THE COMMUNITY AUTHORITY .
2 . THE BENEFITS RESERVED BY ARTICLE 5 OF REGULATION NO 2530/72 FOR OFFICIALS WHO HELD GRADE A1 OR A2 UNDER THE SCHEME OF THE STAFF REGULATIONS OF THE ECSC OF 1956 ARE A MERE TRANSPOSITION FROM THE STAFF REGULATIONS OF 1962 AND CANNOT CONSEQUENTLY BE REGARDED AS DISCRIMINATORY .
3 . ALTHOUGH IT IS FOR THE COUNCIL TO ADAPT THE STAFF REGULATIONS TO ECONOMIC REALITIES AND THUS TO SEEK THE MEANS OF ALLEVIATING ANY LOSS SUFFERED BY OFFICIALS RESIDING IN A COUNTRY WHOSE CURRENCY HAS BEEN SUBSTANTIALLY DEVALUED, THAT CANNOT MEAN THAT THE EXISTING WORDING OF ARTICLE 63 IS ILLEGAL OR THAT IN CONSEQUENCE IT IS INAPPLICABLE WITHIN THE MEANING OF ARTICLE 184 OF THE EEC TREATY .