Opinion of Mr Advocate General Mischo delivered on 28 October 1987

1 Translated from the French.

2 See in particular the judgment of 12 October 1978 in Case 86/77 Ditterich v Commission [1978] ECR 1855, at paragraph 17.

3 A. M. Eulcr: Europäisches Beamtenstatut , Dritter Teilband, p. 692, Kölner Schriften zum Europarecht, Carl Heymanns Verlag KG, 1966.

4 See, most recently, the judgment of 10 June 1986 in Joined Cases 81 and 119/85 Usinor v Commission [1986] ECR 1777, at paragraph 13.

5 Joined Cases 44, 46 and 49/74 Acton and Others v Commission [1975] ECR 383, at paragraph 7; in that case the measure of a general nature designed to be implemented was a Commission decision of 21 March 1973 to withhold the salary of officials who had participated in strike action.

6 Judgment of 9 October 1984 in Joined Cases 80 to 83/81 and 182 to 185/82 Adam and Others v Commission [1984] ECR 3411, at paragraph 22; see also my Opinion in Case 15/85 Consorzio cooperative d'Abruzzo s Commission and judgments cited therein, namely the judgment of 30 January 1974 in Case 148/73 Louwage v Commission [1974] ECR 81, at paragraph 12; the judgment of 1 December 1983 in Case 343/82 Michael v Commission [1983] ECR 4023, at paragraph 14; the judgment of 13 December 1984 in Joined Cases 129 and 274/82 Lux v Court of Auditors [1984] ECR 4127, at paragraph 20.

7 See also the judgment of 21 April 1983 in Case 282/81 Ragusa v Commission [1983] ECR 1245, at paragraph 18: the decision of an internal nature in question to which the Court ascribed legal effect was a memorandum of the appointing authority setting out the promotion procedure (wnich was not provided for in the Staff Regulations).

8 See judgment of 1 December 1983 in Case 343/82, supra, at paragraph 16.

9 Sec the Opinion of Mr Advocate General Lenz of 21 January 1987 in Case 307/85 Gavanas v Council ECR 2435 at paragraphs 27 and 28.

10 Judgment of 14 December 1965 in Case 11/65 Morina v Parliament [1965] ECR 1017.

11 Judgment of 14 December 1965 in Case 21/65 Morina v Parliament [1965] ECR 1033.

12 Judgment of 15 March 1973 in Case 37/72 Marcato v Commission [1973] ECR 361.

13 Judgment of 13 April 1978 in Case 101/77 Ganzini v Commission [1978] ECR 915.