61969J0042

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MEASURES ADOPTED BY AN INSTITUTION - ENTRY INTO FORCE - DATE

WHERE AN ADMINISTRATIVE MEASURE STATES THAT IT IS TO TAKE EFFECT AS FROM A SPECIFIC DATE, THIS MEANS THAT IT BEGINS TO TAKE EFFECT ON THAT ACTUAL DAY .

IN CASE 42/69

EMILIO CAFIERO, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, RESIDING AT 147, VIA A . EMO, ROME, ASSISTED BY MESSRS ROBERT KRIEPS ( LUXEMBOURG BAR ), ROBERTO ASCARELLI AND VIRGILIO GAITO ( ROME BAR ), WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ROBERT KRIEPS, 12 AVENUE MARIE THERESE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, MR LUIGI BOSELLI, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MR EMILE REUTER, LEGAL ADVISER TO THE COMMISSION, 4, BOULEVARD ROYAL, DEFENDANT,

APPLICATION FOR THE ANNULMENT OF A MEASURE ADOPTED BY THE COMMISSION ON 18 JUNE 1969 AND NOTIFIED TO MR CAFIERO BY LETTER NO 001352 OF 25 JUNE 1969 FROM THE DIRECTORATE GENERAL FOR PERSONNEL AND ADMINISTRATION CONCERNING PAYMENT OF THE SEVERANCE GRANT TO WHICH HE IS ENTITLED UNDER ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS AND ARTICLE 6 OF REGULATION NO 259/68 OF THE COUNCIL,

1 BY APPLICATION OF 20 SEPTEMBER 1969 THE APPLICANT HAS BROUGHT AN ACTION AGAINST THE MEASURE ADOPTED BY THE COMMISSION ON 18 JUNE 1969 FOR THE PURPOSE OF THE FINAL SETTLEMENT OF THE SEVERANCE GRANT TO WHICH HE WAS ENTITLED PURSUANT TO ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS AND ARTICLE 6 OF REGULATION NO 259/68 OF THE COUNCIL .

2 THE ACTION IS ESSENTIALLY CONCERNED WITH OBTAINING A RULING THAT THE APPLICANT' S PECUNIARY RIGHTS, FOLLOWING THE DECISION TAKEN WITH REGARD TO HIM CONCERNING THE TERMINATION OF HIS SERVICE WITH EFFECT FROM 1 OCTOBER 1968, MUST BE ASCERTAINED ON THE BASIS OF THE SALARY ATTACHING TO GRADE A 3, FIFTH STEP, AND NOT ON THE BASIS OF THE SALARY ATTACHING TO GRADE A 3, FIFTH STEP, AND NOT ON THE BASIS OF THE SALARY ATTACHING TO GRADE A 3, FOURTH STEP, ON THE GROUND THAT THE APPLICANT WAS STILL IN THE SERVICE OF THE COMMUNITIES DURING THE DAY OF 1 OCTOBER 1968 .

3 THE APPLICANT HAS NOT CHALLENGED THE LEGALITY OF THE COMMISSION' S DECISION TERMINATING HIS SERVICE .

4 MOREOVER, IT IS NOT DISPUTED THAT, ON THE ONE HAND, THE APPLICANT HAD ATTAINED SENIORITY CORRESPONDING TO THE FOURTH STEP IN GRADE A 3 AS FROM 1 OCTOBER 1966 AND THAT, ON THE OTHER HAND, THE COMMISSION' S DECISION TERMINATING HIS SERVICE TOOK EFFECT AS FROM 1 OCTOBER 1968 .

5 IN PURSUANCE OF ARTICLE 44 OF THE STAFF REGULATIONS THE APPLICANT WOULD HAVE ADVANCED TO THE FIFTH STEP IN GRADE A 3 ON 1 OCTOBER 1968 HAD HE STILL BEEN IN THE SERVICE OF THE COMMUNITIES .

6 THIS CASE IS THEREFORE SOLELY CONCERNED WITH THE QUESTION AT WHAT TIME THE APPLICANT' S SERVICE IS DEEMED TO HAVE BEEN TERMINATED .

7 WHERE AN ADMINISTRATIVE MEASURE, SUCH AS THAT WHICH IS THE SUBJECT-MATTER OF THIS CASE, STATES THAT IT IS TO TAKE EFFECT AS FROM A SPECIFIC DATE, THIS MEANS THAT IT BEGINS TO TAKE EFFECT ON THAT ACTUAL DAY .

8 ACCORDINGLY, AS FROM 1 OCTOBER 1968 THE APPLICANT WAS NO LONGER IN THE SERVICE OF THE COMMUNITIES .

9 PURSUANT TO ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS AND ARTICLE 6 OF REGULATION NO 259/68 SEVERANCE GRANTS ARE TO BE CALCULATED ON THE BASIS OF THE LAST BASIC SALARY OF THE OFFICIAL WHOSE SERVICE HAS BEEN TERMINATED .

10 IT IS CLEAR FROM THE FOREGOING THAT THE APPLICANT' S LAST BASIC SALARY WAS THAT RELATING TO THE MONTH OF SEPTEMBER 1968, THAT IS TO SAY A SALARY ATTACHING TO GRADE A 3, FOURTH STEP .

11 THE APPLICANT' S PECUNIARY RIGHTS WERE THEREFORE RIGHTLY CALCULATED ON THE BASIS OF THIS SALARY .

12 IN THESE CIRCUMSTANCES, THE APPLICATION MUST BE REJECTED AS UNFOUNDED .

13 THE APPLICANT HAS FAILED IN HIS ACTION .

ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

HOWEVER, PURSUANT TO ARTICLE 70 OF THE SAID RULES, IN ACTIONS BROUGHT BY OFFICIALS OF THE COMMUNITIES INSTITUTIONS SHALL BEAR THEIR OWN COSTS .

THE COURT ( FIRST CHAMBER )

HEREBY :

1 . DISMISSES THE APPLICATION;

2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .