Opinion of Mr Advocate General Lenz delivered on 28 November 1985

1 Translated from the German.

2 Annex 1 to lhe application.

3 Decision of the Secretary-Genera! of the European Parliament of 29 June 1981, Annex 3 (c) to the rejoinder.

4 Annex 2 to the rejoinder.

5 Annex I to the rejoinder.

6 Annex I to the application.

7 Annex 20 to the defence.

8 Annex 2 to the application.

9 Annex 3 to the application.

10 Annex 4 to the application.

11 Annex 5 to the application.

12 Annex 2 io the defence.

13 Judgment of 14 December 1965 in Case 21/65, Domenico Morirà v European Parliament [1965] ECR 1033. That judgment, which concerned the Staff Regulations of the EEC and the EAEC (Regulation No 31 (EEC), 11 (EAEC), Official Journal, English Special Edition (1959-62) p. 135), is equally applicable to the Staff Regulations of the European Communities because the wording of Annex III is the same in each case.

14 Judgment of 28 October 1980 in Case 2/80, Hubert Dautzenberg v Court of Justice of the European Communities, [1980] ECR 3107; and the Opinion of Mr Advocate General Warner, in particular at p. 3123; judgment of 15 December 1966 in Case 62/65, Manlio Serio v Commission of the EAEQ [1966] ECR 561.

15 Judgment of 9 October 1974 in Joined Cases 112, 144 and 145/73, Anna Maria Campogrande and Others v Commission of the European Communities, [1974] ECR 957.

16 Judgment of 9 February 1984 in Joined Cases 316/82 and 40/83, Nelly Kobler v Court of Auditors of the European Communities, [1984] ECR 641.

17 Judgment of 16 March 1978 in Case 7/77, Bernhard Dietber Ritter von Wüllcrstorfj und Urbair v Commission of the European Communities, [1978] ECR 769.

18 Case 23/64, Thérèse Vandevyvere v European Parliament, [1965] ECR 157 at p. 172.