The list that notifies names published in volume 68, part 1 of the International Journal of Systematic and Evolutionary Microbiology provides the information that a number of names of species in the genus Clavibacter that had previously been treated as names at the rank of subspecies were illegitimate because they contravene Rule 34a and Rule 50a of the International Code of Nomenclature of Prokaryotes. Rule 34a deals with combinations at the same rank and this rule does not apply to names that involve a change in rank. Rule 34a, b and c all fall under the heading new combinations and that in the case of names at the rank of species and subspecies where a change in rank is made Rule 34c applies. Rule 50a applies to names at the rank of subspecies that are elevated to species, but it is unclear why these nomenclatural changes lead to illegitimate names. Fortunately the Code is explicit in stating the role of the Notification Lists is limited to allowing orthographic corrections to be made. It is necessary to publish an interpretation of the status of these names that is consistent with the current wording of the Code.