Avis juridique important

61975O0022

European Court reports 1975 Page 00277

Parties

BERTHOLD KUESTER, AN OFFICIAL OF THE EUROPEAN PARLIAMENT, REPRESENTED BY VICTOR BIEL, ADVOCATE OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE AT THE CHAMBERS OF THE SAID VICTOR BIEL, 18A RUE DES GLACIS, APPLICANT,

EUROPEAN PARLIAMENT, REPRESENTED BY ALEX BONN, ADVOCATE OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE AT THE CHAMBERS OF THE SAID ALEX BONN, 22 COTE D'EICH, DEFENDANT,

Subject of the case

APPLICATION FOR THE SUSPENSION OF ALL MEASURES INTENDED TO FILL THE VACANT POST WHICH IS THE SUBJECT OF INTERNAL COMPETITION NO A 50.

Grounds

1 IN THIS APPLICATION, LODGED AT THE COURT REGISTRY ON 19 FEBRUARY 1975, THE APPLICANT, AN OFFICIAL IN GRADE A 4 AT THE EUROPEAN PARLIAMENT, REQUESTS THE ANNULMENT OF THE NOTICE OF INTERNATIONAL COMPETITION NO A 50 OF 30 SEPTEMBER 1974, TO FILL THE POST OF HEAD OF DIVISION IN THE DIRECTORATE-GENERAL FOR COMMITTEES AND INTERPARLIAMENTARY DELEGATIONS OF THE EUROPEAN PARLIAMENT.

2 BY APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE, LODGED AT THE COURT REGISTRY ON THE SAME DATE, THE APPLICANT REQUESTS THE COURT TO ORDER THE SUSPENSION PENDING THE DECISION IN THE MAIN ACTION OF ALL MEASURES INTENDED TO FILL THE VACANT POST WHICH FORMS THE SUBJECT-MATTER OF THE SAID COMPETITION.

3 IN TERMS OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT, AN APPLICATION TO SUSPEND THE OPERATION OF A MEASURE DEPENDS ON THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURE APPLIED FOR.

4 IN TERMS OF THE APPLICATION FOR SUSPENSION THIS URGENCY EMERGES FROM THE FACT THAT THE COMPETITION IS TO BE INSTITUTED IN THE NEAR FUTURE AND THAT THE WORK OF THE SELECTION BOARD WILL BE COMPLETED IN THREE WEEKS.

5 FURTHERMORE, ACCORDING TO THE APPLICANT, THE CARRYING OUT OF THE COMPETITION MUST INEVITABLY HARM HIM AND AFFECT HIM ADVERSELY, CREATING FOR THIRD PARTIES UNJUSTIFIED RIGHTS AND ADVANTAGES WHICH MAY SUBSEQUENTLY BE ANNULLED BY THE JUDGMENT OF THE COURT IN THE MAIN ACTION.

6 THE RIGHT TO APPLY FOR THE SUSPENSION OF THE OPERATION OF A CONTESTED MEASURE IS GRANTED TO AN APPLICANT FOR THE PROTECTION OF HIS OWN INTERESTS.

7 WHATEVER THE OUTCOME OF THE COMPETITION IN DISPUTE, IF THE JUDGMENT IN THE PROCEEDINGS INITIATED BY THE MAIN APPLICATION IN CASE 22/75 ANNULS THE CONTESTED NOTICE OF COMPETITION IT WILL CONSTITUTE SUFFICIENT PROTECTION OF THE SAID INTERESTS.

8 ON THE OTHER HAND THE APPLICANT MAY NOT SUPPORT HIS APPLICATION FOR SUSPENSION BY REFERRING TO THE DISADVANTAGES TO THIRD PARTIES WHICH WOULD ARISE FROM THIS ANNULMENT.

9 THE APPLICATION MUST CONSEQUENTLY BE DISMISSED.

Decision on costs

10 IN THE CIRCUMSTANCES IT IS APPROPRIATE THAT THE COSTS BE RESERVED.

Operative part

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

AS AN INTERIM RULING,

HEREBY ORDERS:

1 . THE APPLICATION IS DISMISSED;

2 . THE COSTS ARE RESERVED.