Avis juridique important

61976O0091

Order of the President of the First Chamber of 15 October 1976. - Joëlle de Lacroix v Court of Justice of the European Communities. - Case 91-76 R.

European Court reports 1976 Page 01561

Parties

IN CASE 91/76 R ,

JOELLE DE LACROIX , REPRESENTED BY NICOLA CATALANO , ADVOCATE , OF ROME , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT ,

APPLICANT ,

V COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , REPRESENTED BY A . VAN HOUTTE , ACTING AS AGENT ,

DEFENDANT ,

Grounds

1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE ANY SUSPENSION OF OPERATION IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE .

2 AS TO THE NATURE OF THE MEASURE APPLIED FOR , PROVISIONAL ADMISSION TO THE TESTS IN QUESTION WOULD AMOUNT NOT TO A SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE BUT TO A COMPLETE REVERSAL , EVEN THOUGH ONLY PROVISIONAL , OF SUCH A NATURE AS TO DENUDE THE MAIN ACTION OF ITS PURPOSE .

3 THEREFORE THE COURT HAS JURISDICTION ONLY TO SUSPEND , IF NECESSARY , THE ENGAGEMENT PROCEDURE IN PROGRESS .

4 SUCH A SUSPENSION WOULD INVOLVE SERIOUS DIFFICULTIES FOR THE DEFENDANT , SINCE THE PROCEDURE , AS SET FORTH IN THE DEFENDANT ' S UNDISPUTED STATEMENT , IS AIMED AT TEMPORARILY FILLING AS SOON AS POSSIBLE THREE VACANT POSTS IN A SECTION WHICH COMPRISES EIGHT POSTS IN ALL .

5 FURTHERMORE ANY SUCH SUSPENSION WOULD ALSO INVOLVE SERIOUS INCONVENIENCE FOR THE OTHER CANDIDATES .

6 IN THESE CIRCUMSTANCES , IT IS NECESSARY , UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , TO EXAMINE ' THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE . . . MEASURES ' APPLIED FOR .

7 TO THE EXTENT TO WHICH THEY WERE SET OUT AT THE HEARING , THE GROUNDS ALLEGED RAISE TWO QUESTIONS , FIRST WHETHER ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS APPLIES , IF ONLY BY ANALOGY , TO THE PROCEDURE IN DISPUTE , AND SECONDLY WHETHER THAT PROVISION REQUIRES THAT THE DECISIONS REFERRED TO IN THE FOURTH PARAGRAPH - WHICH THE CONTESTED DECISION MIGHT BE REGARDED AS RESEMBLING - SHOULD BE ACCOMPANIED BY A STATEMENT OF THE REASONS ON WHICH THEY ARE BASED .

8 IN VIEW FIRST OF THE DISADVANTAGES OF A SUSPENSION AND SECONDLY OF THE QUESTIONABLE NATURE OF THE GROUNDS ALLEGED , THERE IS NO CASE FOR SUSPENDING THE PROCEDURE .

9 THEREFORE THE APPLICATION MUST BE DISMISSED .

Decision on costs

COSTS

10 IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

BY WAY OF INTERLOCUTORY DECISION , HEREBY ORDERS :

1 . THE APPLICATION IS DISMISSED ;

2 . COSTS ARE RESERVED .