Opinion of Mr Advocate General da Cruz Vilaça delivered on 28 April 1988

1 Translated from the Portuguese.

2 OJ L 336, 29.11.1986, p. 1.

3 Case 194/86 Rydalm v Commission; Case 327/86 Herkenrat and Others v Commission; Case 328/86 Brazzelli and Others; Case 163/87 Nowak v Commission; Case 295/87 Bertelo and Others v Commission; Case 300/87 Baumgaertner and Others v Commission; Joined Cases 312 to 317/87 Nonon, Andreason, Binns, Swinnock, Price, Kingston and Others v Commission, Parliament, Court of Justice and Court of Auditors; Joined Cases 332 and 336/87 Da Po, Actis-Dato and Others v Commission.

4 See judgment of 15 December 1982 in Case 158/79 Roumengous and Others [1982] ECR 4379, paragraph 9; see also the judgment of 15 January 1985 in Joined Cases 532, 534, 543, 567, 600, 618, and 660/79 /an Arnesi and Others [1985] ECR 55; Sec also Case 737/79 Dino Battaglia [1985] ECR 71.

5 OJ L 386, 31.12.1981, p. 6.

6 It is true that the preamble to the 1981 Decision only mentions Article 65 and that Point II. 1. of the decision is preceded by a reference to Annual review of remuneration (Article 65 (1) of the Staff Regulations). However, although falling outside the scope of the annual review, Point II. 1.1 governs the five-yearly verification of weightings and the first paragraph thereof refers to Article 64 of the Staff Regulations.

7 Judgment of 6 October 1982 in Case 59/81 Commission v Council [1982) ECR 3329, at p. 3358, paragraph 33; Judgment in Case 158/89 Roumengous v Commission [1982] ECR 4379, at p. 4402, paragraph 28.

8 Roumengous, supra, p. 4401, paragraph 23.

9 See judgment of 26 June 1975 in Case 70/74 Commission v Council [1975] ECR 795, at pp. 807 and 808, paragraphs 20 to 23.

10 At this point the Commission's submissions arc not very explicit and appear to have been curtailed.

11 Not without justification, to use the Commission's own words.

12 Information from agencies (Commission proposal), exclusion of the accommodation item, consideration of building costs and accommodation costs calculated by reference to general averages based on national accounts (Council regulation).

13 See also the judgment of 6 October 1982 in Case 59/81 Commission v Council, cited above.

14 OJ L 368, 28.12.1983.

15 OJ L 369, 29.12.1978, p. 10.

16 Commission v Council [1973] ECR 575, at p. 587.