Съдебни решения

61974J0070 Judgment of the Court of 26 June 1975. – Commission of the European Communities v Council of the European Communities. – Case 70/74. European Court reports 1975 Page 00795 Greek special edition Page 00261 Portuguese special edition Page 00291 Summary Parties Subject of the case Grounds Decision on costs Operative part Keywords ++++ 1 . DISCRETIONARY POWER – LIMITS – 'PATERE LEGEM QUAM IPSE FECISTI' 2 . OFFICIALS – REMUNERATION – PENSIONS – ADJUSTMENT – CALCULATION – METHODS – SPECIFIC INDEX – CONCEPT ( DECISION OF THE COUNCIL OF 20 AND 21 MARCH 1972 ) 3 . OFFICIALS – REMUNERATION – PENSIONS – ADJUSTMENT – CALCULATION – METHODS – RECOURSE TO TWO INDICES – LOWER INDEX – CHOICE – ADMISSIBILITY – CRITERIA ( DECISION OF THE COUNCIL OF 20 AND 21 MARCH 1972 ) Summary 1 . THE COUNCIL CANNOT, TO ESCAPE AN OBLIGATION, PLEAD A DISCRETION, THE EXERCISE OF WHICH IT HAS ITSELF DETERMINED . 2 . THE CRITERIA OF GENERALITY AND PERMANENCE OF THE SALARIES AND ALLOWANCES TO BE TAKEN INTO ACCOUNT IN THE SPECIFIC INDEX USED FOR THE PURPOSE OF CALCULATING THE ADJUSTMENT OF SALARIES, MEAN THAT ONLY EMOLUMENTS PAID REGULARLY AND ON A LEGAL BASIS OR UNDER FIXED RULES TO ALL PUBLIC OFFICIALS OF MEMBER STATES SHOULD BE INCLUDED IN THIS INDEX . NO ACCOUNT WAS THEREFORE REQUIRED TO BE TAKEN OF ADDITIONAL FACTORS IN THE PUBLIC REMUNERATION IN RESPECT OF THE PERIOD WHEN THESE FACTORS HAD NOT YET BEEN INCLUDED IN THE SALARIES . ... Прочетете още