Avis juridique important

61974O0062

European Court reports 1974 Page 00895

Parties

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IN CASE 62/74 R

LUIGI VELLOZZI, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY EMILE DRAPPIER, ADVOCATE AT THE COUR D'APPEL OF BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, 34 B RUE PHILIPPE II, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, THOMAS F . CUSACK, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF P . LAMOUREUX, LEGAL ADVISER TO THE COMMISSION, 4 BOULEVARD ROYAL, DEFENDANT,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF THE MEASURE SUSPENDING PAYMENT OF REMUNERATION, ADOPTED ON THE BASIS OF ARTICLE 60 OF THE STAFF REGULATIONS OF OFFICIALS,

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

MAKES THE FOLLOWING ORDER .

Grounds

1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT, 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 IN SUPPORT OF HIS INTERIM APPLICATION, THE APPLICANT HAS ASSERTED THAT THE IMPLEMENTATION OF THE COMMISSION'S DECISION WOULD DEPRIVE HIM OF HIS MEANS OF SUBSISTENCE, WHICH HAVE, UNTIL NOW, BEEN HIS REMUNERATION .

3 AT THIS STAGE IN THE PROCEDURE, IT IS IMPOSSIBLE TO FORESEE THE OUTCOME OF THE MAIN ACTION .

4 IF THE APPLICANT SUCCEEDS IN HIS PLEAS, HE WILL BE ENTITLED TO PAYMENT OF THE REMUNERATION WITHHELD BY THE DECISION OF THE COMMISSION .

5 IF, ON THE OTHER HAND, THE COURT HAVING ORDERED THE COMMISSION TO SUSPEND THE OPERATION OF ITS DECISION, THE APPLICANT WERE TO FAIL IN THE MAIN ACTION, THE COMMISSION WOULD BE AUTHORIZED, IN PURSUANCE OF ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS, TO RECOVER ANY SUMS PAID IN ERROR .

6 UNTIL SUCH TIME AS THE COURT GIVES ITS JUDGMENT THE OPERATION OF THE COMMISSION'S DECISION IS, THEREFORE, NOT OF SUCH A NATURE, DESPITE THE ALLEGEDLY DIFFICULT SITUATION IN WHICH THE APPLICANT IS PLACED, AS TO CAUSE SERIOUS OR IRREPARABLE DAMAGE TO HIS RIGHTS AND INTERESTS .

7 CONSEQUENTLY, HIS INTERIM APPLICATION MUST BE DISMISSED .

Decision on costs

8 IT IS APPROPRIATE, AT THIS STAGE, TO RESERVE COSTS .

Operative part

ON THOSE GROUNDS,

THE PRESIDENT

AS AN INTERIM RULING,

ORDERS :

1 . THE INTERIM APPLICATION IS DISMISSED;

2 . THE COSTS ARE RESERVED .