71It follows that, by adopting Annex XI to the Staff Regulations, the Council, by a unilateral decision, bound itself, for the period of validity of that annex, in the exercise of its discretion under Article 65 of the Staff Regulations, to comply with the criteria laid down exhaustively in Article 3 of that annex. The reasoning followed by the Court in Case 81/72 Commission v Council, paragraph 9, and Case 70/74 Commission v Council, paragraphs 20 to 22, applies mutatis mutandis to the regulation introducing Annex XI to the Staff Regulations, which the Council adopted under Article 65a of the Staff Regulations. In those circumstances, the Council is not entitled to rely, in the context of Article 3, on a discretion going beyond the criteria laid down in that article.
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