Algera and others v. The Common Assembly of the European Coal and Steel Community.

Abstract

Treaties — Interpretation of — Principles and rules of — Principle of effectiveness — Aim and purpose of provision of treaty — Treaty establishing European Coal and Steel Community, Article 78 (3)Powers of Commission of Presidents in regard to salaries of officials — Restrictive interpretation of provision creating exception to general rule laid down in prior article of Treaty-Articles 6 (4) and 78 (3).

International organization-European Coal and Steel Community — Legal personality of Community — Whether institutions of Community also possess legal personality.

International organization — International officials — European Coal and Steel Community — Which institution of Community empowered to regulate salaries — Jurisdiction of Commission of Presidents — Whether powers of Commission limited to consultation — Whether Commission has any power of decision.

Court of Justice of European Coal and Steel Community — Procedure — Pleadings — Whether necessary for plaintiff to cite article of Treaty relied on — Statute of the Court, Article 22 — Rules of Procedure, Article 38, paragraph 1.

Court of Justice of European Coal and Steel Community — Law applied by — No provision in Treaty — Use of generally recognized principles of law of member States as source of law.

International organization — International officials — European Coal and Steel Community — Contracts of employment with Common Assembly — Attempt by Assembly to terminate plaintiffs' admission to Statute of Service — Whether plaintiffs governed by terms of Statute or by prior contracts which they had renounced — Alleged illegality of Assembly's Act — Revocability of illegal administrative acts — Period during which act remains liable to revocation — Effect of illegality — Whether act void or voidable — Severability of part of act affected by illegality — Alleged “faute de service” within Article 40 of Treaty — Meaning of “faute de service” — Act creating situation false in fact but legal in appearance — Intention necessary for commission of faute — Whether misinterpretation of Treaty provision can constitute a faute — Measure of damages for injury caused by illegal act — Special damages and damages for injured feelings.