ext/celex/31962R0013

250 Official Journal of the European Communities

19.7.62 OFFICIAL. JOURNAL OF THE EUROPEAN COMMUNITIES 1713/62

REGULATION OF THE COUNCILS determining the emoluments of members of the Court of Justice

( No 62 EEC ) (No 13 EAEC )

THE COUNCIL OF THE EUROPEAN ECONOMIC Article 2 COMMUNITY, The basic monthly salary shall be : THE COUNCIL OF THE EUROPEAN ATOMIC i President Bfrs 85 600 ENERGY COMMUNITY, Judges and Advocates-General Bfrs 68 750 THE SPECIAL COUNCIL OF MINISTERS OF THE EUROPEAN COAL AND STEEL COMMUNITY, Registrar Bfrs 61 600

Having regard to the Treaty establishing the Article 3 European Economic Community, and in particular Article 154 thereof, and to Article 20 of the Protocol L Family allowances shall comprise : on the Privileges and Immunities of the Community ; ( a ) Head of household allowance, equal to 5% of Having regard to the Treaty establishing the the basic salary ; 1 European Atomic Energy Community, and in particular Article 123 thereof, and to Article 20 of the ( b ) Dependent child's allowance, equal to Bfrs 1000 Protocol on the Privileges and Immunities of the per child per month ; Community ; ( c ) Education allowance.

Having regard to the Treaty establishing the European Coal and Steel Community, and in 2 . 'Head of household' means a married member particular Article 29 thereof, and to Articles 5 , 13 and of the Court or ~ a member who has dependent 15 of the Protocol on the Statute of the Court of children. Where the spouse is gainfully employed,- the member shall not be entitled to a head of household Justice ; allowance . Having regard to the Decision of the Special Council of Ministers of 13 and 14 October 1958 ; 3 . 'Dependent child' means the legitimate, .natural or adopted child of a member of the Court, or of his spouse, who is actually being maintained by the Having regard to the proposal from the Committee member of the Court. provided for in Article 78 (3 ) of the Treaty establishing the European Coal and Steel Community ; The allowance shall be granted in respect of:

— a child under eighteen years of age ; HAVE ADOPTED THIS REGULATION : — a child between eighteen and twenty-five years of Article 1 age who is receiving full-time education or vocational training. From the date of taking up their duties until they cease to hold office, members of the Court shall be Payment of the allowance in respect of a child entitled to a basic salary, family allowances and other prevented by serious illness or disablement from allowances, paid in the currency of the country where earning a livelihood shall continue throughout the the European Coal and Steel Community has its period of that illness or disablement, irrespective of provisional seat. age .

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4. In respect of each dependent child within the Article 6 meaning of paragraph 3 who is in regular full-time attendance at an educational establishment, the A member of the Court required in the course of his member of the Court shall in addition be entitled to duties to travel away from the provisional seat of the an education allowance equal to the actual education European Coal and Steel Community shall be entitled costs incurred by him up to a maximum of 900 francs to : per month. ( a) reimbursement of travelling expenses ; Entitlement to this allowance shall commence on the (b ) reimbursement of hotel expenses (room , service first day of the month in which the child reaches the and taxes only); age of six years and shall cease at the end of the month in which the child reaches the age of ( c) a subsistence allowance , of Bfrs 650 for each twenty-one years . complete day of absence; for journeys outside Europe the allowance shall be Bfrs 1250.

Article 4 Article 7

1 . Members of the Court shall be entitled to a 1 . For three years from the first day of the month residence allowance equal to 15% of the basic salary. following that in which he ceases to hold office, a former member of the Court shall receive a monthly 2. A monthly representation allowance shall be transitional allowance equal to 40% of the basic granted to the members of the Court as follows : salary which he was receiving when he ceased to hold office if he has served for less than two years, to 45% President Bfrs 17 500 of such basic salary if he has served for more than two but less than three years and to 50% in other Judges and Advocates-General Bfrs 7 500 cases . Registrar Bfrs 6 875 2 . Entitlement to this allowance shall cease if the former member of the Court is reappointed to office 3 . Presiding Judges of the Chambers of the Court in one of the institutions of the Communities or upon shall in addition receive during their term of office a his death. In the event of reappointment, the special duty allowance of Bfrs 10 000 per month. allowance shall be paid up to the date of taking up his duties ; in the event of death, the payment for the month in which death occurred shall be the last. Article S 3 . If during this three-year period the person concerned takes up any new gainful activity, the On taking up his duties and on ceasing to hold office a member of the Court shall be entitled to : amount by which his gross monthly remuneration ( i.e. before deduction of taxes) together with the allowance provided for in paragraph 1 exceeds the ( a) an installation allowance equal to two months' basic salary on taking up his duties and a remuneration, before compensatory adjustment or deduction of tax, which he was receiving as a resettlement allowance equal to one month's member of the Court under Articles 2, 3 and 4 ( 1 ) basic salary on ceasing to hold office ; shall be deducted from the allowance. In calculating the amount of remuneration received for the new (b) reimbursement of the cost of removal of his activity, all forms of remuneration shall be included, personal effects and furniture, including except those representing reimbursement of expenses. insurance against ordinary risks (theft, breakage, fire). The Councils shall take all measures required to ensure the application of the preceding paragraph. If his term of office is renewed he shall not be entitled to any of the allowances set out in this Article. Nor shall he be so entitled if he is appointed Article 8 member of another institution of the Communities, if that institution has its provisional seat in the town where he was formerly required to reside by reason 1 . After ceasing to hold office, members of the of his office and if at the time of the new Court shall be entitled-, to a pension for life payable appointment he has not already effected his from the date when they reach the age of sixty-five resettlement. years .

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2 . They may, however, ask to start drawing such Atomic Energy Community and of the Staff pension from the age of sixty years. In that case, a Regulations of Officials of the European Coal and coefficient shall be applied to the pension as follows : Steel Community .

Age Coefficient Article 12 - 60 years 0-64271 Where a third party is responsible for the 61 years 0-69762 disablement or death of a member of the Court, the 62 years 0-75985 rights of that member or of those entitled under him to bring legal proceedings against the third party 63 years 0-82157 shall devolve on the Communities to the extent to 64 years 0-90554 which they incur obligations under this pension scheme .

Article 9 Article 13 The amount of the pension shall be 4-5% of the basic salary last received for each full year of office and The transitional allowance provided for in Article 7, one-twelfth of that sum for each complete month. the pension provided for in Article 8 and the The maximum . pension shall be 50% of the basic pensions provided for in Article 10 shall not be salary last received . drawn concurrently by the same person. Where a member of the Court is entitled to claim benefit under more than one of those provisions, only that Article 10 provision which is the most favourable to the claimant shall be applied. A member of the Court who is suffering from disablement deemed to be total which prevents him from performing his duties and who on these Article 14 grounds resigns or is compulsorily retired shall be entitled from the date of resignation or compulsory Where a member of the Court dies during his term of retirement to the following benefits : office, the surviving spouse or dependent children shall be entitled , until the end of the third month (a) where the disablement is recognised as following that in which death occurs, to the permanent, he shall be entitled to a pension for remuneration to which the member of the Court life calculated in accordance with the provisions would have been entitled under Articles 2, 3 and of Article 9, Which shall be not less than 25% of 4 ( 1 ). the basic salary last received. He shall be entitled to the maximum pension if the incapacity is the result of disablement or illness contracted in the i Article 15 performance of his duties. (b) Where disablement is temporary, he shall be 1 . The widow and dependent children of a member or former member of the Court to whom entitled, until he recovers, to a pension at the rate , of 50% of the basic salary last received if the pension rights have accrued at the time of his death shall be entitled to a survivor's pension. disablement or illness was contracted in the performance of his . duties, and 25% in other cases . When the recipient of such disability That pension shall be equal to a percentage of the pension reaches the age of sixty-five years or the pension accruing to the member or former member disability pension has been in effect for seven of the Court under Article 9 at the date of death, years, it shall be replaced by a pension for life namely : calculated in accordance with the provisions of for the widow • 50% Article 9 . for each child where the mother is still alive 10% Article 11 . for each , child where both father and mother are dead 20% Members of the Court shall be entitled to the benefits of the social security scheme provided for in Articles 72 to 75 of the Staff Regulations of Officials of the However, if the death of the member of the Court European Economic Community and the European occurs during his term of office, the survivor's

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pension shall be calculated on the basis of a pension Article 18 equal to 50% of the basic salary received at the time of death. Payment of the benefits provided for in this pensions scheme shall be entered in the budget of the 2 . The total amount of these survivors' pensions European Economic Community and the European shall not exceed the amount of the pension of the Atomic Energy Community and in the general member or former member of the Court on which estimate of expenditure of the European Coal and they are calculated . The maximum total survivors' S.teel Community. pensions payable shall be divided, where applicable, between the beneficiaries in accordance with the Article 19 above percentages.

1 . Payment of the sums due under Articles 2, 3 , 4, 3 . Survivors' pensions shall be granted from the 5 , 11 and 14 shall be made in the currency of the first day of the calendar month following the date of country where the European Coal and Steel death. However, where the provisions of Article 14 Community has its provisional seat. are applied, eligibility shall not commence until the first day of the fourth month following that in which 2 . Beneficiaries may elect to have sums due under death occurred . Articles 7, 8 , 10 and 15 paid in the currency either of the country of which they are nationals or of their 4. Entitlement to a survivor's pension shall cease country of residence or of the country where the at the end of the calendar month in which the person Community has its provisional seat; their choice shall entitled dies . Moreover, entitlement to an orphan's remain operative for at least two years. Where pension shall cease at the end of the month in which neither the first nor the second of these countries is a the child reached the age of twenty-one years. Member country of the Community, the sums due However, entitlement shall be extended while the shall be paid in the currency of the country where the child is receiving vocational training, though not European Coal and Steel Community has its beyond the end of the month in which he reaches the provisional seat. age of twenty-five years.

The pension shall remain payable to an orphan who Article 20 is prevented through illness or disablement from earning a livelihood. Members of the Court who have resigned between the date when this Regulation is adopted and the 5 . Where a former member of the Court marries date of its entry into force may at their request opt and at the date of marriage has pension rights within two months of publication of this Regulation accruing to him under this Regulation, the wife and for the continued application in their entirety of the any children of that marriage shall not be entitled to provisions on emoluments previously applicable. a survivor's pension save where the marriage precedes the death of the former member of the Court by five years or more. Article 21

6 . A widow's entitlement to a survivor's pension In pursuance of Article 20 of the Protocols on the shall cease on remarriage. She shall then be entitled Privileges and Immunities of the European Economic to immediate payment of a lump sum equal to twice Community and the European Atomic Energy the annual amount of her survivor's pension . Community and of Article 11 (b ) of the Protocol on the Privileges and Immunities of the European Coal and Steel Community, the emoluments of members Article 16 of the Court under this Regulation shall be subject, where they are covered by the funds of the European A member of the Court who is relieved of his duties Economic Community and the European Atomic or has his pension rights withdrawn shall forfeit any Energy Community, to the tax for the benefit of the right to transitional allowance. The loss of pension Community in accordance with the Regulation laying rights shall not affect those entitled under him. down the conditions and procedure for applying that tax or, where they are covered by the funds of the European Coal and Steel Community, to Article 17 compensatory adjustment to bring them to the same level as those of members of the Commissions of the Should the Councils decide to increase the basic European Economic Community and the European salary, they shall at the same time decide on a Atomic Energy Community who are liable to appropriate increase in the rates of existing pensions . Community tax. The amounts must be calculated in

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such a way that the adjustment and the tax together Article 22 equal the amount which members of the Court would have paid as Community tax if they had been This Regulation shall enter into force on 10 January members of the Commission of the European . 1962 . Economic Community, or of the European Atomic Energy Community, in accordance with the With effect from that date all previous decisions Regulation laying down the conditions and procedure governing the emoluments of members of the Court for applying the tax adopted by the Councils of the shall be repealed. The Decision of the Special Council European Economic Community and the European of Ministers of the European Coal and . Steel Atomic Energy Community, and with all the Community of 13 and 14 October 1958 , shall, regulations adopted in application of that regulation. however, remain in force.

This Regulation shall be binding in its entirety and directly applicable in all Member States .