JUDGMENT OF 15.7.1960 — JOINED CASES 27 AND 39/59 ALBERTO CAMPOLONGO v HIGH AUTHORITY
In Cases 27/59 and 39/59
THE COURT (Second Chamber) composed of: R. Rossi, President, A. M. Donner and Ch. L. Hammes (Rapporteur), Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte
gives the following
JUDGMENT
Issues of fact and of law
I — Summary of the facts
II — Conclusions of the parties
1. Case 27/59
2. Case 39/59
III — Submissions and arguments of the parties
A — Case 27/59
1. Admissibility of the application
2. The object of the application
3. The substance of the case
(a) Infringement and misapplication of Article 41 of the Staff Regulations
(b) Infringement of the general principles of law relating to the duration and termination of the contract of employment
B — Case 39/59
1. Infringement of the second and third subparagraphs of Article 41 (A) of the Staff Regulations
2. The other arguments of the application
(a) Infringement of Articles 12, 13, 15 and 62 of the General Staff Regulations of the Community
(b) Infringement of the general principles of law relating to the termination of contracts of employment and payment of the corresponding allowances
(c) Infringement of Articles 29 and 14 of the General Regulations
Grounds of judgment
I — The procedure
II — The application for the annulment of the decision contained in the letter of 7 March 1959 from the President of the High Authority (Case 27/59)
1. Admissibility
(a) The objection that the application is out of time
(b) The purpose of the action
2. The substance of the case
III — The application for the annulment of the decision contained in the letter of 2 July 1959 of the President of the High Authority (Case 39/59)
1. The scope of theapplication and its admissibility
2. The effects of the resignation in respect of the various headings of the application for allowances and grants
3. The consequences of the resignation and the date of its taking effect
IV — Costs
I —. Summary of the facts
1. Alberto Campolongo entered the service of the High Authority (Economic Division) on 11 February 1954 and was appointed a permanent member of the staff on 15 October 1956 with effect from 1 July 1956.
2. He tendered his resignation by letter dated 18 March 1958.
3. Informed by Mr Campolongo of his employment by the European Investment Bank, the High Authority advised him by a memorandum of 24 April 1958 that in agreement with that institution it had decided to treat officials transferring to the employment of the European Investment Bank as being provisionally on leave on personal grounds until the establishment of staff regulations applying to officials of all the institutions of the European Communities. Consequently, the applicant was re-quested to submit to the High Authority a request for leave on personal grounds.
4. By a letter of 25 April 1958 the applicant informed the High Authority that, on the one hand, he had no grounds for changing his intention of resigning contained in his letter of 18 March 1958 but that, on the other hand, he would agree to certain interim measures (mesures conservatoires) and consequently was prepared to accept being placed on leave on personal grounds.
5. By decision of 2 May 1958 the High Authority in view of the application of the applicant granted him leave on personal grounds.
6. On 11 February 1959 the applicant again tendered his resignation to the President of the High Authority.
7. By a letter of 7 March 1959 the Director of the Personnel and Administration Division, acting on behalf of the President of the High Authority, informed the applicant that his resignation could not be accepted and that the High Authority had suggested a compromise solution to the European Investment Bank.
8. On 8 May 1959 Mr Campolongo introduced an action (registered under No 27/59) against the decision contained in the letter of 7 March 1959.
9. By letter of 2 July 1959 the President of the High Authority informed the applicant that he had decided to finalize his resignation as the European Investment Bank had not accepted the proposal made to it for finding a compromise solution to the situation. This letter also determined the applicant's rights in respect of the various grants and allowances (resettlement allowance, removal expenses, severance grant) on the basis of the directives adopted by the High Authority in respect of the allowances payable to officials who are enabled by leave on personal grounds to enter the service of an institution of the new European Communities.
10. In a second application lodged on 31 July 1959 (registered under No 39/59) Mr Campolongo sought the annulment of the decision contained in the letter of the President of the High Authority of 2 July 1959 in so far as it ruled as to the effects of his resignation and determined his allowances on termination of service.
II —. Conclusions of the parties
1. Case 27/59
2. Case 39/59
(a). A resettlement allowance equal to 4 times his last monthly salary;
(b). Reimbursement of travelling expenses from Luxembourg to Brussels for himself and his family;
(c). The capitalized amount of the sum to his credit with the Provident Fund;
(d). The capitalized amount of the sums deducted from his salary in respect of pension contributions;
(e). A severance grant amounting to one and a half times his last monthly salary in respect of one year and six month's service;
(f). Compensation for the eight-thirtieths of his annual leave which had not been taken by 1 May 1958 and reimbursement for travelling expenses in respect of such leave;
(g). 5 % interest, or such amount as the Court deems fit, on the amounts payable in respect of the various obligations as from 12 March 1959, or, at the latest, from 11 May 1959.
III —. Submissions and arguments of the parties
A —. Case 27/59
1. Admissibility of the application
2. The object of the application
3. The substance of the case
(a). Infringement and misapplication of Article 41 of the Staff Regulations
(b). Infringement of the general principles of law relating to the duration and termination of the contract of employment
B —. Case 39/59
1. Infringement of the second and third subparagraphs of Article 41 (A) of the Staff Regulations
2. The other arguments of the application
(a). Infringement of Articles 12, 13, 15 and 62 of the General Staff Regulations of the Community
(b). Infringement of the general principles of law relating to the termination of contracts of employment and payment of the corresponding allowances
(c). Infringement of Articles 29 and 14 of the General Regulations
I —. The procedure
1. The interests of a good administration of justice will be served by joining the cases registered under Nos 27/59 and 39/59 in the Register of the Court and by giving a decision on them in a single judgment.
2. No objection as to the form of either of the two actions has been raised by the parties or by the Advocate-General. They are also open to no objection by the Court of its own motion.
II —. The application for the annulment of the decision contained in the letter of 7 March 1959 from the President of the High Authority (Case 27/59)
1. Admissibility
(a). The objection that the application is out of time
(b). The purpose of the action
2. The substance of the case
III —. The application for the annulment of the decision contained in the letter of 2 July 1959 of the President of the High Authority (Case 39/59)
1. The scope of theapplication and its admissibility
(a). The resettlement allowance, the reimbursement of travelling expenses on the occasion of termination of service and the reimbursement of removal expenses (Articles 12, 13 and 15 of the General Regulations);
(b). The reimbursement of the amount to the credit of the applicant in the Provident Fund, reimbursement of the amount deducted from his salary in respect of his pension and the severance grant (Article 62 of the General Regulations).
(a). A resettlement allowance equal to four times his last monthly salary;
(b). Reimbursement of the travelling expenses from Luxembourg to Brussels for himself and his family;
(c). The capitalized amount of the sum to his credit in the Provident Fund;
(d). The capitalized amount of the sums deducted from his salary in respect of his pension contributions;
(e). A severance grant amounting to one and a half times his last monthly salary in respect of one year and six months' service;
(f). Compensation for the eight-thirtieths of his annual leave which he had not taken by 1 May 1958 and reimbursement of travelling expenses in respect of such leave;
(g). 5 % interest, or such amount as the Court deems fit, on the amounts payable in respect of the various obligations set out above as from 12 March 1959 or, at the latest, from 11 May 1959.
2. The effects of the resignation in respect of the various headings of the application for allowances and grants
A —. Before all else:
B —. Examination of the remainder of the application leads the Court to the following considerations and decisions:
3. The consequences of the resignation and the date of its taking effect
IV —. Costs
On those grounds, Upon hearing the report of the Judge-Rapporteur; Upon hearing the parties; Upon hearing the opinion of the Advocate-General; Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community; Having regard to the Staff Regulations of the European Coal and Steel Community, in particular Articles 2, 33, 41 and 58; Having regard to the General Staff Regulations of the European Coal and Steel Community, especially Articles 12, 13, 14, 15, 29, 47, 61, 62 and 91; Having regard to the Rules of Procedure of the Court of Justice of the European Coal and Steel Community of 21 February 1957 for disputes referred to in Article 58 of the Staff Regulations of the European Coal and Steel Community; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, THE COURT (Second Chamber) hereby:
1 Joins the actions introduced by Alberto Campolongo under Nos 27/59 and 39/59 for the purposes of the present judgment;
2 Annuls the decision contained in the letter of 7 March 1959 of the President of the High Authority informing Alberto Campolongo that his resignation could not be accepted;
3 Gives the applicant formal notice that the High Authority has stated in the course of the proceedings that it is prepared to pay to him in accordance with Article 29 (e) of the General Staff Regulations of the Community, as compensation for annual leave which was not taken at the time of termination of his service, an amount equal to eight-thirtieths of his emoluments at the time of the termination of his service.
4 Gives the applicant formal notice that the High Authority has stated that it is prepared to reimburse to him, in application of Article 14 (a) of the General Staff Regulations of the Community, travelling expenses for annual leave for himself and his family from Luxembourg to Florence;
5 Gives the High Authority formal notice that in the course of the proceedings the applicant has renounced his claim to travelling expenses from Luxembourg to Florence for himself and his family on the basis of Article 13 (a) (2) of the General Staff Regulations of the Community;
6 Gives the High Authority formal notice that the applicant has renounced his claim to reimbursement of removal expenses from Luxembourg to Brussels;
7 Dismisses the applicant's application for payment of a resettlement allowance in accordance with Article 12 (a) of the General Staff Regulations of the Community;
8 Dismisses the applicant's application for a severance grant in accordance with Article 62 (c) of the General Staff Regulations of the Community;
9 Dismisses the applicant's application for reimbursement of travelling expenses for himself and his family from Luxembourg to Brussels;
10 Orders the High Authority to pay to the applicant the amount which, at the time of termination of his service, was standing to his credit in the Provident Fund of staff of the European Coal and Steel Community plus compound interest at the rate set out in Article 91 of the General Staff Regulations of the European Coal and Steel Community;
11 Orders the High Authority to pay to the applicant the amount of the sums deducted from his remuneration in respect of his pension contributions plus compound interest at the rate set out in Article 91 of the General Staff Regulations of the European Coal and Steel Community after deduction of any charges which may have been made on these sums;
12 Dismisses the applicant's application for the payment of interest;
13 Dismisses the applicant's application for the date on which his resignation takes effect to be fixed;
14 Orders the High Authority to reimburse to the applicant the costs incurred by him in Case 27/59;