JUDGMENT OF 11. 10. 1979 — CASE 142/78 EXNER v COMMISSION

In Case 142/78

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

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Conclusions of the parties

III — Summary of the submissions and arguments of the parties

A — Admissibility

B — The substance of the case

Principal submission — first part

Infringement of Article 67 (2) of the Staff Regulations

Principal submissions — second part

Infringement of Article 1 (3) and (4) of Annex VII to the Staff Regulations

Alternative submission

Inapplicability of Article 85 of the Staff Regulations

IV — Oral procedure

Decision

The right to the household allowance

Recovery of the overpayments on the basis of Article 85 of the Staff Regulations

Costs