Avis juridique important

61966O0029

European Court reports French edition Page 00313 Dutch edition Page 00302 German edition Page 00326 Italian edition Page 00284 English special edition Page 00241

Parties

IN CASE 29/66R

MAX GUTMANN, AN OFFICIAL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, REPRESENTED BY ERNEST ARENDT, AVOCAT-AVOUE AT THE COUR D' APPEL, LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT 6 RUE WILLY-GOERGEN,

APPLICANT,

COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, MAURICE PRELLE, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE SECRETARIAT OF THE LEGAL DEPARTMENT OF THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, 2 PLACE DE METZ,

DEFENDANT,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF THE DECISION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY OF 18 JULY 1966 APPOINTING THE APPLICANT TO THE POST OF REVISER IN GRADE L/A5 IN THE LANGUAGE SERVICE OF THE COMMISSION;

Grounds

WHEREAS FOLLOWING THE JUDGMENT OF THE COURT IN JOINED CASES 18 AND 35/65, THE DEFENDANT DECIDED ON 18 JULY 1966 TO REINSTATE THE APPLICANT IN HIS POST AT ISPRA IN RESPECT OF THE PERIOD UP TO THAT DATE AND, AS FROM 19 JULY 1966, TO ALLOCATE HIM BY WAY OF TRANSFER TO ANOTHER POST ATTACHED TO ANOTHER DEPARTMENT OF THE COMMISSION AT BRUSSELS;

WHEREAS THE FACT THAT THESE TWO DIFFERENT DECISIONS WERE TAKEN AT THE SAME TIME IS PRIMA FACIE EVIDENCE THAT THE APPLICANT HAS NOT OBTAINED THE SPECIFIC RESULT WHICH HE MIGHT HAVE EXPECTED FROM THE JUDGMENT DELIVERED BY THE FIRST CHAMBER OF THE COURT ON 5 MAY 1966 ANNULLING THE DECISION TO TRANSFER HIM FROM ISPRA TO BRUSSELS;

WHEREAS THE ALLOCATION OF THE APPLICANT BY WAY OF TRANSFER TO A POST ATTACHED TO A DIFFERENT SERVICE FROM THAT TO WHICH HE WAS FORMERLY ALLOCATED GIVES RISE TO QUESTIONS OF LAW WHICH MUST BE SETTLED BY THE JUDGMENT TO BE GIVEN IN THE MAIN ACTION;

WHEREAS IF THIS JUDGMENT WERE TO FIND THAT THE ABOVE-MENTIONED ALLOCATION IS CONTRARY TO THE STAFF REGULATIONS OF OFFICIALS, IT WOULD BE IMPOSSIBLE TO SAFEGUARD RETROACTIVELY THE APPLICANT'S INTEREST IN ONLY PERFORMING DUTIES COMPATIBLE WITH HIS CAREER BRACKET AND, POSSIBLY, WITH HIS GRADE;

WHEREAS IT HAS NOT BEEN ALLEGED THAT THE FUNCTIONING OF THE DEPARTMENTS OF THE COMMISSION WOULD BE SERIOUSLY AFFECTED IF THE OPERATION OF THE CONTESTED DECISION WERE SUSPENDED;

Operative part

1 . THE OPERATION OF HEAD 2 OF THE OPERATIVE PART OF THE DECISION OF THE COMMISSION OF 18 JULY 1966 CONCERNING THE ALLOCATION OF THE APPLICANT TO A POST OF REVISER IN THE LANGUAGE SERVICE OF THE COMMISSION SHALL BE IMMEDIATELY SUSPENDED UNTIL JUDGMENT BE GIVEN IN THE MAIN ACTION;

2 . THE COSTS ARE RESERVED.