Avis juridique important

61963O0068

European Court reports French edition Page 00768 Dutch edition Page 00799 German edition Page 00822 Italian edition Page 00705 English special edition Page 00618

Parties

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IN CASE 68/63R

HARTMUT LUHLEICH, HEAD OF GROUP IN THE CHEMISTRY DEPARTMENT OF THE JOINT NUCLEAR RESEARCH CENTRE AT ISPRA ( ITALY ), REPRESENTED BY ERNEST ARENDT, ADVOCATE OF THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ARENDT, 6 RUE WILLY-GOERGEN,

APPLICANT,

COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, JAN GIJSSELS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF HENRI MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ,

DEFENDANT,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF THE MEASURES CONTESTED IN THE ORIGINAL CASE AND FOR THE ADOPTION OF CERTAIN INTERIM MEASURES.

Grounds

WHEREAS IT IS CLEAR FROM THE WORDING OF THE APPLICATION AND THE PROCEEDINGS AT THE HEARING THAT THE PURPOSE OF THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION REFUSING TO INTEGRATE THE APPLICANT UNDER THE STAFF REGULATIONS OF THE DEFENDANT IS, IN FACT, FOR THE SUSPENSION OF THE TERMINATION OF THE APPLICANT'S CONTRACT OF EMPLOYMENT PROVIDED FOR IN ARTICLE 102(2 ) OF THE STAFF REGULATIONS OF THE EAEC.

WHEREAS THE CONTRACT OF EMPLOYMENT IN QUESTION PROVIDES FOR A PERIOD OF ONE MONTH'S NOTICE ON TERMINATION AND WHEREAS THIS PERIOD APPEARS TO HAVE BEEN OBSERVED IN THIS CASE;

WHEREAS, HOWEVER, THE APPLICANT MAINTAINS THAT HIS FINANCIAL SITUATION IS SUCH THAT HE CANNOT PROVIDE FOR HIS NEEDS PENDING JUDGMENT IN THE ORIGINAL CASE;

WHEREAS AN ALLOWANCE FOR NECESSITIES CANNOT BE GRANTED BY MEANS OF AN INTERIM MEASURE UNLESS AT FIRST SIGHT THE ORIGINAL CASE APPEARS MANIFESTLY WELL FOUNDED;

WHEREAS THE FACTS OF THE CASE SHOW THAT AT THE PRESENT STAGE OF THE ACTION IT IS IMPOSSIBLE TO FORM AN OPINION ON WHETHER THE ORIGINAL CASE IS WELL FOUNDED;

WHEREAS, SINCE THE FAMILY CIRCUMSTANCES REFERRED TO BY THE APPLICANT CANNOT LEAD TO ANY OTHER CONCLUSION, THE COMMISSION HAS RIGHTLY DECIDED TO APPLY TO HIM THE PROVISIONS OF THE SICKENSS AND INVALIDITY SCHEME AT PRESENT BEING DRAFTED;

WHEREAS, FOR THIS REASON, IT IS UNNECESSARY TO GRANT THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION;

WHEREAS THE APPLICANT REQUESTS THAT VARIOUS INTERIM MEASURES SET OUT IN DETAIL IN HIS APPLICATION BE ADOPTED IN HIS FAVOUR;

WHEREAS THE CLAIM UNDER II(A ) OF THIS APPLICATION WAS WITHDRAWN BY THE APPLICANT DURING THE ORAL PART OF THE PROCEEDINGS;

WHEREAS, ONCE THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION HAS BEEN DISMISSED, THERE ARE NO GROUNDS FOR ORDERING THAT THE APPLICANT BE ALLOWED TO CONTINUE WITH HIS RESEARCH WORK PENDING JUDGMENT IN THE ORIGINAL CASE;

WHEREAS FOR THE ABOVE REASONS THE CLAIM UNDER II(C ) CANNOT BE ADMITTED DURING CONSIDERATION OF THE APPLICATION FOR SUSPENSION;

Operative part

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES HEREBY ORDERS:

1 . THE APPLICATION IS DISMISSED;

2 . THE COSTS ARE RESERVED.