JUDGMENT OF 11. 7. 1968 — CASE 26/67 DANVIN v COMMISSION

In Case 26/67

THE COURT (Second Chamber) composed of: W. Strauß, President, A. Trabucchi (Rapporteur) and P. Pescatore, Judges, Advocate-General: J. Gand Registrar: A.Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — The admissibility of the application

B — The substance of the case

1. The submission relating to infringement of the Staff Regulations of Officials and to the wrongful act or omission constituted by this infringement

2. The submissions relating to unjust enrichment

3. The amount of the allowance

IV — Procedure

Grounds of judgment

Costs

I —. Summary of the facts

II —. Conclusions of the parties

1. Annul the implied decision of the Commission of the European Economic Community rejecting his appeal through official channels;

2. Rule that the applicant must be paid a differential allowance calculated on the basis of the principles set out in Article 7(2) of the Staff Regulations and which the applicant estimates, subject to the right to amend the sum as he may deem necessary during the course of the proceedings, at BF 100000;

3. Order the defendants to pay this allowance;

4. Order the defendants to bear all the costs of the proceedings;

5. Order the defendants to submit to the Court the calculation of the allowance which should have been paid to the applicant in accordance with Article 7(2) of the Staff Regulations.

—. dismiss the application as unfounded;

—. order the applicant to bear the costs in accordance with the provisions applicable.

III —. Submissions and arguments of the parties

A —. The admissibility of the application

B —. The substance of the case

1. The submission relating to infringement of the Staff Regulations of Officials and to the wrongful act or omission constituted by this infringement

2. The submissions relating to unjust enrichment

3. The amount of the allowance

IV —. Procedure

On those grounds, Upon reading the pleadings; 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 Economic Community; Having regard to the Staff Regulations of Officials of the European Communities, especially Article 7; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT (Second Chamber) hereby:

1 Dismisses Application 26/67 as being unfounded;

2 Orders the defendant to bear its own costs and three-quarters of the applicant's costs.