Opinion of Mr Advocate General Darmon delivered on 13 February 1990

1 Original language: French.

2 Laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to Officials of the Commission (OJ, English Special Edition 1968 (I), p. 30).

3 Case 137/80 [1981] ECR 2393.

4 Paragraph 7.

5 Paragraph 8.

6 Paragraph 9.

7 Regulations Nos 31 (EEC) and 11 (EAEC) of the Council of 18 December 1961 (JO L 45, p. 1385), which entered into force on 1 January 1962, and the regulation laying down the Staff Regulations of Officials of the ECSC, which entered into force on 1 January 1962 (not published in the Official Journal).

8 Case 130/87 [1989] ECR 865.

9 Commission's observations, p. 3.

10 French Government's observations, p. 4.

11 Commission's observations, p. 4.

12 Emphasis added.

13 Case 137/80, paragraph 11.

14 Paragraph 12.

15 Commission's observations, p. 4.

16 Opinion in Case 233/72 Gunnelia v Commission [1973] ECR 475, at p. 486.

17 Case 17/76 [1976] ECR 1429.

18 Extending to self-employed persons and members of their families Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OI L 143, 29.5.1981, p. 1).

19 Extract from the question referred to the Court.

20 Case 313/86 [1988] ECR 5391, in particular paragraph 12.

21 Mr Wafer's observations, p. 10.

22 Commission's observations, p. 4.

23 Case 156/78 [1979] ECR 1941.

24 Commission's observations, pp. 4 and S.

25 French Government's observations, p. 5.

26 Case 156/78, paragraph 13.

27 Case 130/87, cited above, paragraph 17.

28 Case 137/80, cited above, paragraph II.

29 Commission's observations, pp. 6 and 7.

30 See Decree No 83.893 of 5 October 1983, in particular, the third paragraph of Article 3 (JORF, 8.10.1983, p. 3021).

31 Sec my comments in paragraph 18.

32 Case 359/87 [1989] ECR 585.

33 Paragraph 13.