Avis juridique important

61979O0731(01)

European Court reports 1980 Page 00829

Parties

IN CASE 731/79 R II

APPLICANT ,

EUROPEAN PARLIAMENT , REPRESENTED BY F . PASETTI-BOMBARDELLA , DIRECTOR-GENERAL OF ADMINISTRATION , PERSONNEL AND FINANCE , KIRCHBERG , LUXEMBOURG , ASSISTED BY FRANCIS HERBERT , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE EUROPEAN CENTRE , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION FOR AN ORDER BY THE PRESIDENT OF THE COURT , PURSUANT TO THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE FOR THE SETTING UP OF A MEDICAL BOARD TO ASSESS THE OCCUPATIONAL NATURE OF THE APPLICANT ' S ILLNESS ,

Grounds

THE ABOVE-MENTIONED LETTERS OF 21 AND 31 JANUARY 1980 DO NOT IN ANY WAY COMPLY WITH THE REQUIREMENTS OF SUBSTANCE AND FORM IMPOSED BY ARTICLE 83 OF THE RULES OF PROCEDURE FOR THE ADMISSIBILITY OF AN APPLICATION FOR THE ADOPTION OF INTERIM MEASURES INTENDED EITHER TO BRING ABOUT THE SUSPENSION OF OPERATION OF A MEASURE OR TO CAUSE THE COURT TO PRESCRIBE INTERIM MEASURES RELATING TO THE MAIN ACTION BEFORE IT .

THE APPLICANT HAS NOT EVEN INDICATED WHETHER IN CONSEQUENCE OF THE FACTS WHICH HE HAS MENTIONED HE HAS APPLIED TO THE ADMINISTRATIVE AUTHORITIES REFERRED TO IN ARTICLES 17 TO 21 OF THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE FOR THE PURPOSE OF ADOPTING THE ADMINISTRATIVE PROCEDURE LAID DOWN FOR THE IMPLEMENTATION OF THOSE RULES .

Decision on costs

THE FOREGOING CONSIDERATIONS LEAD TO THE CONCLUSION THAT IN THIS CASE THERE ARE GROUNDS , NOT FOR RESERVING THE COSTS , BUT FOR MAKING AN ORDER FOR COSTS AS PROVIDED FOR IN ARTICLE 70 OF THE RULES OF PROCEDURE FOR PROCEEDINGS COMMENCED BY AN OFFICIAL .

Operative part

ON THOSE GROUNDS ,

THE JUDGE ACTING AS PRESIDENT

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED .

2 . THE PARTIES SHALL BEAR THEIR OWN COSTS .