Opinion of Mr advocate general Reischl

Mr President

Members of the Court,

The applicant in the proceedings in which I am about to give my opinion entered the service of the Communities on 1 May 1975 in accordance with the terms of Article 29 (2) of the Staff Regulations of Officials and was appointed to the Joint Nuclear Research Centre at Ispra as a director in Grade A 2. By decision of 28 September 1977, adopted in accordance with the first paragraph of Article 50 of the Staff Regulations, his employment was terminated with effect from 1 November 1977. That provision is worded as follows:

Accordingly, the applicant receives the allowance provided for in the third paragraph of Article 50.and Annex IV to the Staff Regulations, in relation to which the fifth paragraph of Article 50 provides that:

Following the termination of his employment the applicant took up residence in Brussels, where he had for many years been employed in a private company and had his place of residence before he entered the service of the Communities. He therefore considers that the aforementioned allowance must be paid in Belgian francs and without previous conversion into Italian lire on the basis of the par values in force on 1 January 1965. Since the administrative authority rejected his request he submitted a complaint through official channels to the appointing authority on 17 January 1978. That complaint was dismissed as unfounded by decision of 20 April 1978. The applicant therefore applied to the Court on 19 July 1978 and requests it to:

My opinion in these proceedings is as follows:

1 Translated from the German.