Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1981/C6480.html
Cite as: [1981] EUECJ C-64/80

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61980J0064
Judgment of the Court (Third Chamber) of 26 February 1981.
F. Giuffrida and G. Campogrande v Council of the European Communities.
Official - Remunerations.
Case 64/80.
European Court reports 1981 Page 00693

1 . MEASURES ADOPTED BY INSTITUTIONS - REGULATION - CONCEPT
( EEC TREATY , ART . 189 )
2 . PROCEDURE - COSTS - ACTIONS BY OFFICIALS BASED ON ARTICLE 173 OF THE EEC TREATY
( RULES OF PROCEDURE , ARTS 69 ( 2 ) AND 70 )

1 . A REGULATION IS A MEASURE APPLYING TO OBJECTIVELY DETERMINED SITUATIONS AND INVOLVING LEGAL EFFECTS IN RESPECT OF CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT .

THESE CHARACTERISTICS ARE NOT CALLED IN QUESTION BY THE FACT THAT IT IS POSSIBLE TO DETERMINE MORE OR LESS EXACTLY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE INSTRUMENT IN QUESTION IN RELATION TO ITS PURPOSE .

2 . WHEN AN ACTION BY AN OFFICIAL IS BASED ON ARTICLE 173 OF THE EEC TREATY AND NOT ARTICLE 179 IT IS ARTICLE 69 ( 2 ) AND NOT ARTICLE 70 OF THE RULES OF PROCEDURE WHICH APPLIES IN REGARD TO COSTS .

IN CASE 64/80
F . GIUFFRIDA , AN OFFICIAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES , OF 2 CLOS DES ACACIAS , BRUSSELS ( 1150 ),
AND
G . CAMPOGRANDE , AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , OF 21 SPALTLAAN , OVERIJSE ( 1900 ),
REPRESENTED BY G . VANDERSANDEN OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF NICO EDON , 2 RUE GOETHE ,
APPLICANTS ,
V
COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY R . O . DALCQ OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF DOUGLAS FONTEYN , DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , 100 BOULEVARD KONRAD-ADENAUER , KIRCHBERG ,
DEFENDANT ,

APPLICATION FOR A DECLARATION THAT REGULATION NO 160/80 OF THE COUNCIL OF 21 JANUARY 1980 AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ( OFFICIAL JOURNAL , L 20 , P . 1 ) IS VOID ,

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 28 FEBRUARY 1980 , F . GIUFFRIDA , AN OFFICIAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES AND G . CAMPOGRANDE , AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , BROUGHT PROCEEDINGS PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY FOR A DECLARATION THAT COUNCIL REGULATION NO 160/80 OF 21 JANUARY 1980 AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ( OFFICIAL JOURNAL L 20 , P . 1 ) IS VOID .

2 ACCORDING TO THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY A NATURAL PERSON HAS THE RIGHT TO INSTITUTE PROCEEDINGS FOR A DECLARATION THAT A DECISION IS VOID ONLY IF THE DECISION IS ADDRESSED TO THAT PERSON OR , ALTHOUGH IN THE FORM OF A REGULATION , IS OF DIRECT AND INDIVIDUAL CONCERN TO HIM . THE ACTION BY THE APPLICANTS FOR A DECLARATION THAT A COUNCIL REGULATION IS VOID IS THEREFORE ADMISSIBLE ONLY IN SO FAR AS IT APPEARS THAT THE CONTESTED MEASURE , ALTHOUGH IN THE FORM OF A REGULATION , IS OF DIRECT AND INDIVIDUAL CONCERN TO THEM .

3 UNDER THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY THE TEST FOR DISTINGUISHING BETWEEN A REGULATION AND A DECISION IS TO ASCERTAIN WHETHER THE MEASURE IN QUESTION HAS GENERAL APPLICATION OR NOT .

4 ARTICLE 1 OF COUNCIL REGULATION NO 160/80 AMENDS ARTICLE 66 OF THE STAFF REGULATIONS AND ARTICLES 20 AND 63 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS BY SUBSTITUTING FOR THE TABLES OF MONTHLY BASIC SALARIES AND REMUNERATION INCORPORATED IN THOSE PROVISIONS TABLES MODIFYING THOSE SALARIES AND THAT REMUNERATION .

5 ARTICLE 2 OF THE SAME REGULATION PROVIDES CERTAIN TRANSITIONAL MEASURES RELATING TO THE APPLICATION OF THOSE MODIFIED SALARIES AND REMUNERATION FOR OFFICIALS OR FORMER OFFICIALS WHO FIND THEMSELVES IN THE OBJECTIVE FINANCIAL SITUATION DESCRIBED IN THAT ARTICLE .

6 IT FOLLOWS THAT THE CONTESTED REGULATION APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND INVOLVES LEGAL EFFECTS IN RESPECT OF CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT . IT DOES THEREFORE HAVE THE CHARACTERISTICS OF A REGULATION .

7 THESE CHARACTERISTICS ARE NOT CALLED IN QUESTION BY THE FACT THAT IT IS POSSIBLE TO DETERMINE MORE OR LESS EXACTLY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT , AS IN THIS CASE , BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE INSTRUMENT IN QUESTION IN RELATION TO ITS PURPOSE .

8 THE ACTION MUST THEREFORE BE DECLARED INADMISSIBLE .

9 SINCE THE PRESENT ACTION IS BASED UPON ARTICLE 173 OF THE EEC TREATY AND NOT UPON ARTICLE 179 IT IS ARTICLE 69 ( 2 ) AND NOT ARTICLE 70 OF THE RULES OF PROCEDURE WHICH APPLIES .

10 PURSUANT TO THAT ARTICLE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING . SINCE THE APPLICANTS HAVE BEEN UNSUCCESSFUL THEY MUST BE ORDERED TO PAY THE COSTS JOINTLY .

ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
1 . DISMISSES THE ACTION AS INADMISSIBLE ;

2 . ORDERS THE APPLICANTS JOINTLY TO PAY THE COSTS .

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