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Judgment of the Court (Fourth Chamber) of 13 July 1989. # Detalmo Pirzio-Biroli v Commission of the European Communities. # Officials - Employee of the European Association for Cooperation (EAC) - Recognition of their status as officials of the Commission with effect from the date on which they were engaged by the EAC. # Joined cases 80/79 and 205/81.
ECLI:EU:C:1989:314
61979CJ0080
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61979J0080
European Court reports 1989 Page 02441 Pub.RJ Page Pub somm
Summary
Officials - Status of official - Conditions for acquiring not fulfilled - Calculation of length of service of an official in regard to the Community pensions scheme - Taking into account of period of employment prior to taking up duties - Excluded
The status of official or servant of the Communities cannot be accorded to the staff of the European Association for Cooperation, an international association which is governed by the law of a Member State and which cannot, whatever may be its relations with the Commission, be assimilated to an administrative unit of the Commission ( see judgment of 11 July 1985 in Joined Cases 87, 130/77, 22/83, 9 and 10/84 Salerno v Commission and Council (( 1985 )) ECR 2523 ).
As a result the Commission cannot be required to take account, for the purpose of calculating the length of service of its officials with a view to determining their pension rights under the Staff Regulations, of periods completed by them in a post with the aforesaid association prior to their taking up their duties with the Communities.
Parties
In Joined Cases 80/79 and 205/81
Mr Detalmo Pirzio-Biroli, a former official of the Commission of the European Communities, residing at 15 Via di Montori, Rome ( Italy ), represented by Marcel Slusny, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse,
applicant,
Commission of the European Communities, represented by A . Van Solinge, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,
defendant,
APPLICATION for a declaration recognizing, for the purposes of the calculation of the applicant' s pension, that the applicant' s status was that of an official or member of the temporary staff whilst he was employed by the European Association for Cooperation,
THE COURT ( Fourth Chamber ),
composed of : T . Koopmans, President of the Chamber, C . N . Kakouris and M . Díez de Velasco, Judges,
( the grounds of the judgment are not reproduced )
hereby :
Operative part
( 1 ) Dismisses the applications;
( 2 ) Orders the parties to bear their own costs.