Articles 14, 15, 16, 17 and 19 of Annex XIII to the Staff Regulations of officials of the European Communities shall apply by analogy to the President and Members of the Commission, the President, Judges, Advocates General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance.

COUNCIL REGULATION (EC, EURATOM, ECSC) No 840/95 of 10 April 1995 amending Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the members of the Court of Auditors

AFTER CEASING TO HOLD OFFICE, MEMBERS OF THE COMMISSION OR OF THE COURT SHALL BE ENTITLED TO A PENSION FOR LIFE PAYABLE FROM THE DATE WHEN THEY REACHED THE AGE OF SIXTY-FIVE YEARS.

Having regard to the Council Regulation No 422/67/EEC, No 5/67/Euratom of 25 July 1967 determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance (1), and in particular Article 4 (4) thereof,

COUNCIL REGULATION (EC, ECSC, EURATOM) No 183/1999 of 25 January 1999 amending Regulation (EC, Euratom, ECSC) No 840/95 amending Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the members of the Court of Auditors

"However, if the death of a member of the Commission or of the Court occurs during his term of office, the survivor's pension for the widow shall, from 1 July 1970, be equal to 36 % of the basic salary received at the time of death."

WHERE A FORMER MEMBER OF THE COMMISSION OR OF THE COURT MARRIES AND AT THE DATE OF MARRIAGE HAS PENSION RIGHTS ACCRUING TO HIM UNDER THIS REGULATION, THE WIFE AND ANY CHILDREN OF THE MARRIAGE SHALL NOT BE ENTITLED TO A SURVIVOR'S PENSION SAVE WHERE THE MARRIAGE PRECEDES THE DEATH OF THE FORMER MEMBER OF THE COMMISSION OR OF THE COURT BY FIVE YEARS OR MORE.

FROM THE DATE OF TAKING UP THEIR DUTIES UNTIL THE LAST DAY OF THE MONTH IN WHICH THEY CEASE TO HOLD OFFICE, MEMBERS OF THE COMMISSION AND MEMBERS OF THE COURT SHALL BE ENTITLED TO A BASIC SALARY, FAMILY ALLOWANCES AND OTHER ALLOWANCES.

REGULATION NO 422/67/EEC OF THE COUNCIL OF 25 JULY 1967 DETERMINING THE EMOLUMENTS OF THE PRESIDENT AND MEMBERS OF THE COMMISSION AND OF THE PRESIDENT, JUDGES, ADVOCATES-GENERAL AND REGISTRAR OF THE COURT OF JUSTICE

Regulation (EC) No 1/2003 introduces a directly applicable exception system in which the competition authorities and the courts of the Member States have the power to apply Article 81(3) of the Treaty, in addition to Article 81(1) and Article 82.

HOWEVER, IF THE DEATH OF THE MEMBER OF THE COMMISSION OR OF THE COURT OCCURRS DURING HIS TERM OF OFFICE, THE SURVIVOR'S PENSION SHALL BE CALCULATED ON THE BASIS OF A PENSION EQUAL TO 50 % OF THE BASIC SALARY RECEIVED AT THE TIME OF DEATH.

Having regard to Council Regulation N° 422/67/EEC, N° 5/67/Euratom of 25 July 1967 determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance(1), as last amended by Regulation (EEC/Euratom/ECSC) N° 3777/89(2), and in particular Article 4 (4) thereof,

Furthermore, the specific rights, powers and obligations assigned to national courts and the competition authorities of the Member States by Regulation (EC) No 1/2003 do not apply to air transport between the Community and third countries;

WHERE THE MEMBER OF THE COMMISSION OR OF THE COURT WHOSE DEATH OCCURRS DURING HIS TERM OF OFFICE HAS REACHED THE MAXIMUM PENSION PROVIDED FOR IN ARTICLE 9, THE SURVIVOR'S PENSION FOR THE WIDOW SHALL BE EQUAL TO 30 % OF THE BASIC SALARY RECEIVED AT THE TIME OF DEATH.

WHEREAS IT IS FOR THE COUNCIL TO DETERMINE THE SALARIES, ALLOWANCES AND PENSIONS OF THE PRESIDENT AND MEMBERS OF THE COMMISSION AND OF THE PRESIDENT, JUDGES, ADVOCATES-GENERAL AND REGISTRAR OF THE COURT OF JUSTICE, TOGETHER WITH ANY PAYMENT TO BE MADE INSTEAD OF REMUNERATION;

According to Article 3(1) of the Regulation (EC) No 44/2001, persons domiciled in a Member State may only be sued in the courts of another Member State by virtue of the rules set out in sections 2 to 7 of Chapter II on jurisdiction;

«However, former Members of the Commission or of the Court shall be covered by the provisions of Article 72 of the Staff Regulations of officials of the European Communities on condition that they are not in gainful employment and that they cannot be covered by a national sickness insurance scheme.»;

After Article 19 of Council Regulation No 422/67/EEC, No 5/67/Euratom of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and the Registrar of the Court of Justice, an Article 19a shall be inserted reading as follows:

The hearing of a child in another Member State may take place under the arrangements laid down in Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters(9).

A MEMBER OF THE COMMISSION OR OF THE COURT WHO IS SUFFERING FROM DISABLEMENT DEEMED TO BE TOTAL WHICH PREVENTS HIM FROM PERFORMING HIS DUTIES AND WHO ON THESE GROUNDS RESIGNS OR IS COMPELLED TO RESIGN SHALL BE ENTITLED FROM THE DATE OF RESIGNATION OR COMPULSORY RESIGNATION TO THE FOLLOWING BENEFITS;

REGULATION (EEC, EURATOM, ECSC) No 723/71 OF THE COUNCIL of 30 March 1971 amending Regulation No 422/67/EEC, 5/67/Euratom determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice

«By derogation from the first subparagraph, for Members of the Commission and of the Court of Justice in office before 1 May 2004 , and until the end of their functions in, respectively, the Commission and the Court of Justice, the amount of the pension shall be 4,5 % of the basic salary last received for each full year in office.»;

Where the Member State's audit system - Court of Auditors, internal or external audits - has detected the irregularities and the Member State takes appropriate corrective action under Article 19(1) of Decision 2000/596/EC within a reasonable period of time, no financial corrections can be imposed by the Commission under Article 19(2) of Decision 2000/596/EC and the Member State is free to re-use the funds.

A MEMBER OF THE COMMISSION OR OF THE COURT SHALL BE ENTITLED TO THE BENEFITS OF THE SOCIAL SECURITY SCHEME PROVIDED FOR IN THE STAFF REGULATIONS OF OFICIALS OF THE EUROPEAN COMMUNITIES COVERING SICKNESS, OCCUPATIONAL DISEASE, INDUSTRIAL ACCIDENT AND BIRTH AND DEATH BENEFITS.

The Office shall, at the time of transmission of the files or copies thereof to the courts or public prosecutors' offices of the Member States, indicate the restrictions to which the inspection of files relating to Community designs applied for or registered Community designs is subject pursuant to Article 74 of Regulation (EC) No 6/2002 and Article 72 of this Regulation.

IN RESPECT OF EACH DEPENDENT CHILD WITHIN THE MEANING OF PARAGRAPH 3 WHO IS IN REGULAR FULL-TIME ATTENDANCE AT AN EDUCATIONAL ESTABLISHMENT, THE MEMBER OF THE COMMISSION OR OF THE COURT SHALL IN ADDITION BE ENTITLED TO AN EDUCATION ALLOWANCE EQUAL TO THE ACTUAL EDUCATION COSTS INCURRED BY HIM UP TO A MAXIMUM OF BFRS 1000 PER MONTH.

The principle of equal pay for men and women is already firmly established by Article 141 of the Treaty and Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women(11) and is consistently upheld by the case-law of the Court of Justice;

According to the case-law of the Court of Justice, national rules relating to time limits for bringing actions are admissible provided that they are not less favourable than time limits for similar actions of a domestic nature and that they do not render the exercise of rights conferred by the Community law impossible in practice.

ON THE DATE WHEN HE CEASES TO HOLD OFFICE, ON 1 JANUARY OF EACH YEAR THEREAFTER AND IN THE EVENT OF ANY CHANGES IN HIS FINANCIAL SITUATION, A MEMBER OF THE COMMISSION OR OF THE COURT SHALL DECLARE TO THE PRESIDENT OF THE INSTITUTION IN WHICH HE WAS PREVIOUSLY EMPLOYED ALL FORMS OF REMUNERATION RECEIVED FOR HIS SERVICES, EXCEPT THOSE REPRESENTING REIMBURSEMENT OF EXPENSES.

When considering if the physical presence of a person in court is required, the courts of a Member State should take into consideration the full advantage of the possibilities offered by Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters(4).

Regulation No 422/67/EEC, No 5/67/Euratom of the Council, of 25 July 1967, determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, last amended by Council Regulation (Euratom, EEC, ECSC) No 2690/72, shall be amended as follows:

Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products(9) was annulled by the Court of Justice in Case C-376/98 Federal Republic of Germany v European Parliament and Council of the European Union(10).

IF, DURING THIS THREE-YEAR PERIOD THE PERSON CONCERNED TAKES UP ANY NEW GAINFUL ACTIVITY, THE AMOUNT BY WHICH HIS GROSS MONTHLY REMUNERATION (I. E. BEFORE DEDUCTION OF TAXES) TOGETHER WITH THE ALLOWANCE PROVIDED FOR IN PARAGRAPH 1 EXCEEDS THE REMUNERATION, BEFORE DEDUCTION OF TAXES, WHICH HE WAS RECEIVING AS A MEMBER OF THE COMMISSION OR OF THE COURT UNDER ARTICLES 2, 3 AND 4 (1) SHALL BE DEDUCTED FROM THE ALLOWANCE.

Whereas, in accordance with the principle of sincere cooperation of the Community implicit in Article 5 of the EC Treaty and in the light of the case-law of the Court of Justice of the European Communities, it is important that Member States' administrations and Commission departments cooperate genuinely and provide one another with the necessary assistance in the preparation and performance of on-the-spot checks and inspections;

The occupational activities that Member States may exclude from the scope of Directive 76/207/EEC should be restricted to those which necessitate the employment of a person of one sex by reason of the nature of the particular occupational activities concerned, provided that the objective sought is legitimate, and subject to the principle of proportionality as laid down by the case-law of the Court of Justice(8).

Regulation No 422/67/EEC, 5/67/Euratom of the Council of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice 2 as last amended by Regulation (ECSC, EEC, Euratom) No 2163/70 3 shall be amended as follows: (a) The following shall be substituted for Article 2:

THIS REGULATION SHALL APPLY TO FORMER MEMBERS OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, THE COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, THE HIGH AUTHORITY OR THE COURT OF JUSTICE AND TO THEIR DEPENDANTS WHO, AT THE TIME THIS REGULATION ENTERS INTO FORCE, ARE COVERED BY THE PROVISIONS OF COUNCIL REGULATION NO 63 (EEC), COUNCIL REGULATION NO 14 (EAEC), THE DECISION OF THE SPECIAL COUNCIL OF MINISTERS OF THE (EAEC) OF 22 MAY 1962 OR REGULATION OF THE COUNCILS NO 62 (EEC), 13 (EAEC).

FOR THREE YEARS FROM THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH HE CEASES TO HOLD OFFICE, A FORMER MEMBER OF THE COMMISSION OR OF THE COURT SHALL RECEIVE A MONTHLY TRANSITIONAL ALLOWANCE EQUAL TO 40 % OF THE BASIC SALARY WHICH HE WAS RECEIVING WHEN HE CEASED TO HOLD OFFICE IF HE HAS SERVED FOR LESS THAN TWO YEARS, TO 45 % OF SUCH BASIC SALARY IF HE HAS SERVED FOR MORE THAN TWO BUT LESS THAN THREE YEARS AND TO 50 % IN OTHER CASES.

When Articles 81 and 82 of the Treaty are applied in proceedings on the basis of Regulation (EC) No 1/2003 and in accordance with the case-law of the Court of Justice, air services agreements concluded between the Member States and/or the European Community on the one hand and third countries on the other hand should be duly considered, in particular for the purpose of assessing the degree of competition in the relevant air transport markets.

COUNCIL REGULATION (EURATOM, ECSC, EEC) No 3822/81 of 15 December 1981 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice, Regulation (ECSC, EEC, Euratom) No 1240/70 determining the emoluments of former members of the Commission of the European Communities whose duties end on 1 July 1970, Regulation No 423/67/EEC, No 6/67/Euratom determining the emoluments of the members of the EEC and Euratom Commissions and of the High Authority who have not been appointed members of the single Commission of the European Communities, and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the members of the Court of Auditors

Article 214 of the EC Treaty, Article 20 of Regulation No 17, Article 9 of Protocol 23 to the EEA Agreement, Article 122 of the EEA Agreement and Articles 20 and 21 of Chapter II of Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and of a Court of Justice require the Commission, the Member States, the EEA Surveillance Authority and EFTA States not to disclose information of the kind covered by the obligation of professional secrecy.

of the EC Treaty (the text of Articles 85 and 86 is reproduced in Annex I to this form) prohibits restrictive agreements, decisions or concerted practices (arrangements) which may affect trade between Member States, and Article 85 (2) declares agreements and decisions containing such restrictions void (although the Court of Justice has held that if restrictive terms of agreements are severable, only those terms are void);

Article 85(1) of the EC Treaty (the text of Articles 85 and 86 is reproduced in Appendix I to this form) prohibits restrictive agreements, decisions or concerted practices (arrangements) which may affect trade between Member States, and Article 85(2) declares agreements and decisions containing such restrictions void (although the Court of Justice has held that if restrictive terms of agreements are severable, only those terms are void);

Article 20 of the Protocol on the Statute of the Court of Justice of the European Communities, as amended by Council Decision 2002/653/EC(1), permits non-member States to participate in preliminary-ruling proceedings before the Court of Justice where an agreement, relating to a specific subject matter, concluded by the Council with one or more non-member States, provides for such participation where a court or tribunal of a Member State refers to the Court of Justice for a preliminary ruling, a question falling within the scope of the agreement.

As it is often essential for a decision in a civil or commercial matter pending before a court in a Member State to take evidence in another Member State, the Community's activity cannot be limited to the field of transmission of judicial and extrajudicial documents in civil or commercial matters which falls within the scope of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the serving in the Member States of judicial and extrajudicial documents in civil or commercial matters(4).

Article 214 of the EC Treaty, Article 27 of Regulation (EEC) No 1017/68, Article 24 of Regulation (EEC) No 4056/86 and Article 17 of Regulation (EEC) No 3975/87, Article 9 of Protocol 23 to the EEA Agreement, Article 122 of the EEA Agreement and Article 27 of Chapter VI, Article 24 of Chapter IX and Article 17 of Chapter XI of Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and of a Court of Justice require the Commission, the Member States, the EEA Surveillance Authority and EFTA States not to disclose information of the kind covered by the obligation of professional secrecy.

With a view to protecting clients and without prejudice to the right of customers to bring their action before the courts, it is appropriate that Member States encourage public or private bodies established with a view to settling disputes out-of-court, to cooperate in resolving cross-border disputes, taking into account Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes(15). When implementing provisions on complaints and redress procedures for out-of-court settlements, Member States should be encouraged to use existing cross-border cooperation mechanisms, notably the Financial Services Complaints Network (FIN-Net).

Any agreement or decision prohibited by paragraph 1 shall be automatically void and may not be relied upon before any court or tribunal in the EC Member States or the EFTA States.

With reference to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, the Government of Austria and the Government of Switzerland state that, in accordance with existing EC law, as interpreted by the Court of Justice of the European Communities, they will have the possibility of taking appropriate measures in case of delocalization for the purpose of circumvention of their domestic legislation.