Keywords
Summary

Keywords

1 . OFFICIALS - RETIREMENT IN THE INTERESTS OF THE SERVICE - ALLOWANCE - DETERMINATION OF CURRENCY OF PAYMENT - APPLICATION BY ANALOGY OF THE SYSTEM OF PAYMENT OF SALARIES , PENSIONS AND ALLOWANCES FOR PREMATURE TERMINATION OF SERVICE - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , FIFTH PARAGRAPH OF ART . 50 )

2 . OFFICIALS - RETIREMENT IN THE INTERESTS OF THE SERVICE - ALLOWANCE - APPLICATION OF WEIGHTING FOR LAST PLACE OF EMPLOYMENT - BREACH OF EQUALITY OF TREATMENT - DUTY OF ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS , FIFTH PARAGRAPH OF ART . 50 )

Summary

1 . IT IS NOT POSSIBLE , FOR THE PURPOSE OF DETERMINING THE CURRENCY IN WHICH THE ALLOWANCE PAYABLE ON RETIREMENT IN THE INTERESTS OF THE SERVICE UNDER THE FIFTH PARAGRAPH OF ARTICLE 50 OF THE STAFF REGULATIONS OF OFFICIALS IS TO BE REMITTED , TO APPLY BY ANALOGY THE RULES GOVERNING PAYMENT OF OFFICIALS ' SALARIES ( ARTICLE 63 OF THE STAFF REGULATIONS ), PAYMENT OF PENSIONS ( ARTICLE 82 OF THE STAFF REGULATIONS ) AND PAYMENT OF THE ALLOWANCES PROVIDED FOR IN THE EVENT OF PREMATURE TERMINATION OF SERVICE FOLLOWING THE MERGER OF THE EXECUTIVE BODIES OF THE COMMUNITIES AND THE ACCESSION OF THE NEW MEMBER STATES ( REGULATIONS NOS 259/68 , 2530/72 AND 1543/73 ). IN FACT , IN CONTRAST TO THE TEXTS EMBODYING THOSE GENERAL RULES , WHICH ESTABLISH A DIRECT LINK BETWEEN THE PLACE WHERE THE PERSONS ENTITLED TO THE PENSION OR ALLOWANCE DECLARE THEIR HOME TO BE AND THE WEIGHTING APPLICABLE , THUS BY IMPLICATION INDICATING THE CORRESPONDING CURRENCY OF PAYMENT , THE FIFTH PARAGRAPH OF ARTICLE 50 OF THE STAFF REGULATIONS ESTABLISHES A CLOSE LINK BETWEEN THE WEIGHTING AND THE PLACE WHERE THE OFFICIAL WAS LAST EMPLOYED , AN EXPRES- SION WHICH CANNOT BE INTERPRETED AS MEANING PLACE OF ' ' RESIDENCE ' ' .

2 . THE FIFTH PARAGRAPH OF ARTICLE 50 OF THE STAFF REGULATIONS MUST BE INTERPRETED TO MEAN THAT WHERE ITS APPLICATION IS LIKELY TO RESULT IN A BREACH OF A SUPERIOR RULE OF LAW SUCH AS THE PRINCIPLE OF EQUALITY AMONG OFFICIALS WHOSE CIRCUMSTANCES ARE SIMILAR , THE ADMINISTRATION IS OBLIGED , IN ORDER TO AVOID SUCH A RESULT , NOT TO APPLY THE WEIGHTING FIXED FOR THE PLACE WHERE THE OFFICIAL WAS LAST EMPLOYED .