Opinion of Mrs Advocate General Rozès delivered on10 November 1983

1 Translated from the French.

2 Case 211/80 Michel Advernier and Others and Joined Cases 219 to 228, 230 to 235, 237, 238 and 240 to 242/80 Maurice André and Others.

3 Case 260/80 Ivar Andersen and Others.

4 Case 262/80 Kirsten Andersen and Others.

5 Joined Cases André and Others.

6 Other cases.

7 [1981] ECR 693.

8 Cases other than uu loined cases.

9 Joined cases.

10 In the cases other than the joined cases only the lawfulness of Regulation No 160/80 is challenged.

11 Case 261/80 Jan Lens v Court of Justice.

12 Case 259/80 Caroline Buick-Lucas and Others v Court of Auditors.

13 Case 263/80 John Baker and Others v Economic and Social Committee.

14 Facts and Issues — I. Facts and written procedure, [1981] ECR at pp. 695 and 696,

15 Ibid, at pp. 704 to 708.

16 By Council Regulation No 3177/76 of 21 December 1976, the first regulation applying the method of calculation to be used in the periodic review of remuneration decided upon by the Council on 29 June 1976.

17 Article 1 of the regulation.

18 On the basis of the revised scale of Article 1 of Regulation No 160/80.

19 Article 90 (2) at the end.

20 Case 211/80 against lite Commission.

21 Joined cases.

22 Cases 260 and 262/80 respectively against the Council and the Parliament.

23 Judgment of the Second Chamber of 21 February 1974 in Joined Cases 15 to 33, 52, 53, 57 to 109, 116, 117, 123, 132 and 135 to 137/73 Schots nėe Kortner and Others v Council umd Commission [1974] LCR 177 and in particular paragraphs 14 to 19 at p. 189; judgment of the Second Clumber of 21 May 1981 in Case 29/80 Reinarz v Commission [1981] ECK 1311, paragraph 10 at p. 1321.

24 [1981] ECRatp. 1321.

25 [1981] ECRatp. 1321.

26 Joined Cases 31 and 33/62 Wöhrmann KG and LMtkke GmbH v Commission of the European Economic Community [1962] ECR 501.

27 At p. 507.

28 Case 92/78 Simmenthal SpA v Commission [1979] ECR 777.

29 Ibid, at paragraph 39, p. 800 (my italics); sec also to the same effect the opinion of Mr Advocate General Duthcillet de Lamothe in Joined Cases 9 and 11/71 Compagnie d'Approvisionnement et Grands Moulins de Paris [1972] ECRatp. 411.

30 Artide 21 (2) of Council Regulation No 912/78.

31 Judgment of the Second Chamber of 16 October 1980 in Case 147/79 Hochstran v Court of Justice supported by Council and Commission [1980] ECR 3005.

32 Articles 64 and 65 (2) of the Staff Regulations.

33 Opinion of Mr Advocate General Rcischl in the Giuffrida aud Campograndc casc [1981] ECR ac p. 706.

34 Treaty Establishing a Single Council and a Single Commission of the European Communities signed in Brussels on 8 April 1965.

35 5 June 1973 in Case 81/72 Commission v Council [1973] ECR 575 and 26 June 1975 in Case 70/74 Commission v Council [1975] ECR 795 to which must be added 6 October 1982 in Case 59/81 Commission v Council [1982] ECR 3329.

36 The application by the Council thai there should be no discussion of the document from which the quotation is extracted on the ground that it is confidential is obviously inadmissible since the same docucmiu was produced in the Gittf/iitL tnul Campogrmu/e case against the Council without any reaction on the lattcr's part.

37 Cf. the Opinion of Mr Advocate General Capotorti in Case 268/80 Guglielmi v Parliament [1981] ECR 2307.

38 Cf. the Opinion of Mr Advocate General Mayras in Case 28/74 F. Gillet v Commission [1975] ECR at pp. 477 and 478.

39 Article 66 in respect of basic salaries.

40 Gillet v Commission, paragraph 5 at p. 473; cf. the Opinion of Mr Advocate General Mayras therein at p. 478 to the same effect.

41 Article 2(1) (a).

42 Article 2 (I) (b).

43 Article 2.

44 Article 64.

45 Article 65 (2).

46 Cases 211, 260 and 262/80.

47 Joined cases.

48 Case 138/79 SA Roquette Frères v Council [1980] ECR 3333, paragraphs 32 to 37 at pp. 3360 and 3361 and Case 139/79 Maizena GmbH v Council [1980] ECR 3393, paragraphs 33 to 38 at pp. 3424 and 3425.

49 On 23 August, 29 October and 27 November 1979.

50 Opinion of Mr Advocate General Ucischl in the Giuffrida and Campogrando asc [1981] LCR at p. 714.

51 [1981] ECR at pp. 713 and 714.