Keywords
Summary

Keywords

++++

1. Officials ° Decision adversely affecting an official ° Failure to refer to legal basis not causing any ambiguity for the person concerned ° Breach of obligation to state grounds ° None

(Staff Regulations, Art. 25, second para.)

2. Officials ° Actions ° Jurisdiction of the Court of First Instance ° Interpretation of a concept of national law for the purposes of applying a provision of the Staff Regulations ° Necessary

3. Officials ° Temporary staff ° Definitive termination of service ° Allowance ° Method of calculation

(Council Regulation No 2274/87, Art. 4(4))

4. Officials ° Temporary staff ° Definitive termination of service ° Cover by the Joint Sickness Insurance Scheme ° Condition ° No cover under another scheme by virtue of legal or statutory provisions ° Scope ° Criterion of equivalence of benefits provided ° Not necessary

(Staff Regulations, Art. 72; Council Regulation No 2247/87, Art. 4(6))

Summary

1. Failure to refer to the legal basis for a decision adversely affecting an official is not a breach of the obligation to state the grounds on which it is based provided for in the second paragraph of Article 25 of the Staff Regulations, where it has been proven that there can be no doubt as to that legal basis in the mind of the addressee of the decision.

2. Where the application of a rule of the Staff Regulations depends on the application of a legal rule applying in the legal system of one of the Member States, it is in the interest of justice and the proper application of the Staff Regulations that the Court' s review should also extend to an examination of the way in which the appointing authority of a Community institution has applied the national law of one of the Member States.

3. Article 4(4) of Regulation No 2274/87 introducing special measures to terminate the service of temporary staff of the European Communities must be interpreted as meaning that the income to be deducted from the allowance provided for in Article 4(1) is that which accrues to the recipient of the allowance from any new employment, after deduction of duly attested social security contributions which have actually been paid by the person concerned but before deduction of any national tax. In that respect, failure to take account of the particular features of each national tax system and in particular of the extent to which tax rates are graduated cannot be a breach of the principle of equal treatment.

4. Article 4(6) of Regulation No 2274/87 must be interpreted as meaning that a member of the temporary staff in receipt of the allowance provided for by that Regulation who is covered by a national system of social security based on provisions of public law, such as the German system of assistance for civil servants which incorporates sickness benefits, cannot be covered by the Joint Sickness Insurance Scheme provided for in Article 72 of the Staff Regulations regardless of the equivalence or otherwise of the benefits provided by the two schemes.