JUDGMENT OF 5. 4. 1979 — CASE 116/78 BELLINTANI v COMMISSION

In Case 116/78

THE COURT (Second Chamber) composed of: Lord Mackenzie Stuart, President P. Pescatore and A. Touffait, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

(a) Facts

(b) Law

(1) Infringement of Annex IB to the Staff Regulations

(2) Discrimination between employees in the same career bracket

(3) Liability for error and the failure of the administration to provide assistance

(4) Inapplicability of Regulation No 2615/76 to the applicants' case

(5) The unlawful nature of Regulation No 2615/76

(6) The absurd consequences of Regulation No 2615/76

(7) Application of the principles laid down by the Court in the course of integration procedures

IV — Oral procedure

Decision

Costs