Avis juridique important

61980O0161

European Court reports 1980 Page 02655

Parties

IN JOINED CASES 161 AND 162/80 R

MARIA GRAZIA CARBOGNANI AND MARISA CODA ZABETTA , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EMPLOYED AT THE INFORMATION OFFICE , ROME , REPRESENTED BY BLANCHE MOUTRIER , OF THE LUXEMBOURG BAR , RESIDING AT 11A AVENUE DE LA PORTE-NEUVE , LUXEMBOURG ,

APPLICANTS ,

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JORN PIPKORN , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , ASSISTED BY DANIEL JACOB , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING ,

DEFENDANT ,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF DECISIONS BY WHICH THE COMMISSION ORDERED THE APPLICANTS TO BE TRANSFERRED FROM THE ROME OFFICE TO THE BRUSSELS OFFICE ,

Grounds

11 IT APPEARS UNNECESSARY AT THIS STAGE TO ADJUDICATE ON THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES . WHATEVER DESCRIPTION IS TO BE APPLIED IN REGARD TO ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS TO THE LETTERS OF 17 DECEMBER 1979 AND THE SIMULTANEOUS PUBLICATION OF AN INVITATION FOR APPLICATIONS , IT IS NEVERTHELESS CLEAR FROM THE STATEMENTS MADE BY THE COMMISSION IN ITS WRITTEN OBSERVATIONS AND CONFIRMED DURING THE ORAL PROCEDURE THAT THE COMMISSION DOES NOT INTEND TO TAKE ANY ACTION ON THE INTENTION EVINCED IN THE SAID LETTERS UNTIL IT HAS ADOPTED FORMAL ' ' RE-ASSIGNMENT DECISIONS ' ' WITH REGARD TO THE APPLICANTS , AND IT IS AGREED THAT SUCH DECISIONS WILL ALLOW A REASONABLE PERIOD FOR THEIR IMPLEMENTATION , THUS ENABLING THE APPLICANTS TO TAKE ADVANTAGE OF THE RIGHT UNDER THE STAFF REGULATIONS TO LODGE A COMPLAINT AND MAKE AN APPLICATION TO THE COURT .

12 IT IS THEREFORE SUFFICIENT TO TAKE COGNIZANCE OF THE COMMISSION ' S STATEMENTS AND TO DECLARE THAT THE PURPOSE OF THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES HAS FOR THE MOMENT BEEN ACHIEVED INASMUCH AS THE APPLICANTS MAY BE ASSURED THAT UNTIL THE COMMISSION MAKES A SUBSEQUENT DECISION IN WHATEVER FORM IT DECIDES UPON , THE LETTERS OF 17 DECEMBER 1979 WILL NOT BE FOLLOWED BY POSITIVE ACTION . IT FOLLOWS THEREFORE THAT THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES HAVE LOST THEIR PURPOSE .

Operative part

ON THOSE GROUNDS ,

THE JUDGE ACTING AS PRESIDENT OF THE COURT IN PURSUANCE OF ARTICLE 96 ( 1 ), THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE

HEREBY ORDERS AS FOLLOWS :

2 . COSTS ARE RESERVED .