Keywords
Summary

Keywords

1. Appeals - Pleas in law - Admissibility - Conditions - Submission of arguments also raised before the Court of First Instance - No effect

(EC Treaty Art. 168A (now Art. 225 EC); EC Statute of the Court of Justice, Article 51, first subpara; Rules of Procedure of the Court, Art. 112(1)(c))

2. Officials - Salary - Pensions - Weighting - Setting of weightings for Germany - Principle of the protection of legitimate expectations - Principle of good faith - Infringement - None

(Council Regulations Nos 3834/91, 3761/92 and 3608/93)

3. Officials - Actions - Act adversely affecting an official - Concept - Pension slip sent to the official individually, establishing the amount of his pension in each case

(Staff Regulations Art. 90(2) and 91)

Summary

1. It follows from Article 168a of the Treaty (now Article 225 EC), the first paragraph of Article 51 of the Statute of the Court of Justice, and Article 112(1)(c) of the Rules of Procedure that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside, and also the legal arguments specifically advanced in support of the appeal.

If those conditions are met an appeal can be based on arguments which have already been presented at first instance in order to show that by dismissing the pleas in law and arguments presented to it by the appellant, the Court of First Instance infringed Community law.

( see paras 19-23 )

2. An official cannot plead infringement of the principle of the protection of legitimate expectations if the administration has not given him precise assurances.

Since Council Regulations Nos 3834/91, 3761/92 and 3608/93 provide no basis for supposing it to be certain that the Council would adopt new weightings with retroactive effect for Germany, the Council cannot be regarded as having aroused any legitimate expectation as to the adoption of such new weightings by those regulations.

Nor, where it has not aroused any legitimate expectations, can the Council be regarded as having infringed the principle of good faith by failing to adopt such new weightings.

( see paras 33-36, 41 )

3. A pension slip may constitute an act adversely affecting an official within the meaning of Article 90(2) of the Staff Regulations, and may therefore be the subject of a complaint and possibly an action in so far as it is sent to the official individually and in each case establishes the amount of his pension.

( see para. 47 )