Avis juridique important

61976O0061(01)

European Court reports 1976 Page 02075

Parties

IN CASE 61/76 R II

JEAN JACQUES CHARLES GEIST , AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY MARCEL SLUSNY , ADVOCATE AT THE COUR D ' APPEL , BRUSSELS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , ADVOCATE OF THE LUXEMBOURG BAR , CENTRE LOUVIGNY , 34 B/IV RUE PHILIPPE II ,

APPLICANT ,

V COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY SERGIO FABRO , A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , BATIMENT CFL , 9 PLACE DE LA GARE ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE SUSPENSION OF THE OPERATION OF A DECISION TAKEN BY THE COMMISSION WHEREBY THE APPLICANT CAN DEVOTE ONLY 10 % OF HIS TIME TO HIS WORK WITH A GROUP OF EXPERTS ESTABLISHED BY THE INTERNATIONAL ATOMIC ENERGY AGENCY ( IAEA ) TO STUDY THE STATUS AND PROSPECTS OF THERMAL BREEDER REACTORS ,

Grounds

RECOURSE TO INTERIM MEASURES UNDER ARTICLES 83 TO 88 OF THE RULES OF PROCEDURE IS CONDITIONAL UPON ESTABLISHING THE URGENCY OF THE MEASURES REQUESTED .

IT IS CLEAR FROM THE FOREGOING THAT THE DECISION OF WHICH THE APPLICANT REQUESTS THE SUSPENSION WAS ALREADY IN FORCE WHEN HIS MAIN APPLICATION WAS LODGED , AND THAT AT THAT TIME THE IAEA HAD ALREADY ADOPTED DEFINITIVE MEASURES ON THE BASIS OF THE DECISION TAKEN BY THE APPLICANT ' S SUPERIORS .

IT IS THUS IMPOSSIBLE TO HOLD THAT THE MATTER IS URGENT .

IN THOSE CIRCUMSTANCES IT IS UNNECESSARY TO CONSIDER AT THIS STAGE THE OBJECTIONS RAISED BY THE COMMISSION AGAINST THE SPECIFIC GROUNDS FOR THE INTERIM MEASURE REQUESTED BY THE APPLICANT .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT ,

BY WAY OF AN INTERIM RULING , HEREBY

ORDERS :

THE APPLICATION IS DISMISSED ;

THE COSTS ARE RESERVED .