Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. Are the members of the Staff Committee of a Community body entitled to serve out their term of office where, having been elected to represent staff in a particular category or service or covered by certain conditions of employment, they are, during their term of office, appointed to another category, or service or become subject to a different set of conditions of employment? That is the problem to be resolved by the Court in these proceedings if it holds the applicant's action to be admissible.

2. In those circumstances, on 6 November 1984 Mrs Licata submitted a complaint to the ESC against:

3. Before the lawfulness of Decision No 173/84 A can be considered, it is necessary to examine the admissibility of the application, which is contested by the ESC. In support of its objection, the ESC puts forward, in particular, the following arguments.

4. None of the allegations of inadmissibility made by the defendant can be upheld.

5. It is therefore only indirectly, by way of an objection, that the applicant asks the Court to declare General Decision No 173/84 A unlawful. She makes three submissions in that respect.

6. Those two submissions do not show that the decision was unlawful.

7. In view of all the foregoing considerations, I propose that the Court should:

1 Translated from the French.