Judgment_paragraph 3. · Dino Battaglia v European Commission (737/79)

3.In its' defence, the Commission replies that it would have been sufficient for the applicant to bring a single complaint against the salary statement relating to January 1976 to enable the Court, by means of an application brought following the rejection of that complaint, to be validly seised of the whole problem of the absence of retroactivity between January 1976 and December 1977.It puts forward a further submission of inadmissibility affecting the application to the extent to which it relates to the failure to take into consideration in the contested decision the cost of living peculiar to the Province of Varese. In fact that question was not made the subject of a complaint. It is clear from the case-law of the Court that legal proceedings must be preceded by a complaint and that, in any event, heads of claim put forward at the stage of the application may alter neither the basis nor the subject-matter of the complaint.It draws justification for its argument from the Opinion of Mr Advocate General Capotorti of 14 May 1981 in this case, in the parallel Case 158/79 (Roumengous) and in Case 543/79 (Birke).

Dino Battaglia v European Commission (737/79)

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