Opinion of Advocate General Tesauro delivered on 13 March 1992

1 Original language: Italian.

2 [1990] ECR II-689.

3 OJ 1985 L 335, p. 56.

4 OJ 1968 L 56, p. 1.

5 Judgment in Case 127/80 Grogan v Commission [1982] ECR 869, paragraph 5 of the Opinion.

6 The terms used in the French, English and German versions are respectively: sous réserve que, provided that, and sofern.

7 See Council Regulation (Euratom, ECSC, EEC) No 2530/72 of 4 December 1972 (OJ 1972 L 272, p. 1) adopted on the accession of Denmark, Ireland and the United Kingdom; Council Regulation (ECSC, EEC, Euratom) No 2150/82 of 21 July 1982 (OJ 1982 L 228, p. 1) adopted on the accession of Greece.

8 That obligation to pay contributions is limited to a maximum period of five years in the case of officials affected by the measures contained in Anieles 41 and 50 of the Staff Regulations, but that may be explained by the fact that under Article 3 of Annex VIII, and unlike the regulation in question, such officials may acquire further pension rights only for a maximum of five years.

9 See Article 5(7) of Regulation No 259/68; Art. 3(7) of Regulation No 2530/72; Art. 3(7) of Regulation No 1543/73 (OJ 1973 L 155, p. 1); Art. 2(7) of Regulation No 2150/82; Art. 3(7) of Regulation No 1679/85 (OJ 1985 L 162, p. 1).

10 Judgment in Case 28/74 Gillet [1975] ECR 463, at paragraph 6.