Judgment_paragraph 3. · Monique Roumengous v European Commission (158/79)

3.In its defence the Commission puts forward an additional submission of inadmissibility affecting the application in so far as it relates to the claim for a reevaluation of the weighting to take account of the higher price levels in Varese than in Rome. In fact that issue was not made the subject of a complaint. It is clear from the Court's case-law that the application to the Court must be preceded by a complaint and that, in any event, claims made at the suge of such an application may alter neither the cause nor the subject-matter of the complaint.It derives justification for its argument from the Opinion of Mr Advocate General Capotorti of 14 May 1981 in this case, the parallel Case 737/79 (Battaglia) and in Case 543/79 (Birke).

Monique Roumengous v European Commission (158/79)

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