Keywords
Summary

Keywords

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1 . OFFICIALS - PECUNIARY RIGHTS - DETERMINATION BY THE ADMINISTRATION - ACT ADVERSELY AFFECTING AN OFFICIAL

( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )

2 . OFFICIALS - RATIONALIZATION OF DEPARTMENTS FOLLOWING THE MERGER TREATY - TERMINATION OF EMPLOYMENT OF OFFICIALS - FULL PENSION - CONDITIONS FOR ENTITLEMENT

( REGULATION NO 259/68, ARTICLE 5 )

3 . OFFICIALS - STATEMENTS SUPPLIED BY THE ADMINISTRATION BY WAY OF INFORMATION - NO RIGHTS CONFERRED ON THOSE CONCERNED

4 . OFFICIALS - COMMUNITY RULES - WRONG INFORMATION SUPPLIED BY THE ADMINISTRATION - NO WRONGFUL ACT OR OMISSION

5 . OFFICIALS - WRONG INFORMATION FROM THE ADMINISTRATION - BELATED CORRECTION - WRONGFUL ACT OR OMISSION

Summary

1 . ANY MEASURE WHEREBY THE APPOINTING AUTHORITY STATES DEFINITIVELY AN OFFICIAL' S PECUNIARY RIGHTS AND DETERMINES THE AMOUNTS WHICH IT UNDERTAKES TO PAY THE OFFICIAL ON SPECIFIED DATES CONSTITUTES A MEASURE CAPABLE OF ADVERSELY AFFECTING THE OFFICIAL WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .

2 . THE RIGHT TO A FULL PENSION UNDER ARTICLE 5 OF REGULATION NO 259/68 CAN ONLY VEST IN A FORMER OFFICIAL WHO, UPON THE EXPIRY OF THE PERIOD DURING WHICH HE IS ENTITLED TO THE ALLOWANCE, HAS ATTAINED THE AGE OF 55 .

3 . STATEMENTS SUPPLIED SOLELY BY WAY OF INFORMATION, ALBEIT BY THE COMPETENT DEPARTMENTS OF THE APPOINTING AUTHORITY, DO NOT CONSTITUTE MEASURES CREATING RIGHTS FOR THE ADDRESSEES .

4 . THE ADOPTION OF AN INACCURATE INTERPRETATION OF A PROVISION OF THE LAW GOVERNING OFFICIALS DOES NOT CONSTITUTE IN ITSELF A WRONGFUL ACT . EVEN WHERE THE AUTHORITIES REQUEST THOSE CONCERNED TO OBTAIN INFORMATION FROM THE COMPETENT DEPARTMENTS, THEY ARE NOT NECESSARILY BOUND TO GUARANTEE THE CORRECTNESS OF THE INFORMATION SUPPLIED .

5 . DELAY ON THE PART OF THE APPOINTING AUTHORITY IN CORRECTING WRONG INFORMATION UNTIL AFTER THE TIME WHEN THOSE CONCERNED HAVE TO MAKE A DECISION IN THE MATTER CONSTITUTES A WRONGFUL ACT OR OMISSION WHICH RENDERS THE COMMUNITY LIABLE FOR THE CONSEQUENCES OF THE WRONG INFORMATION .