(Civil service – Application for interim relief – Application for the suspension of operation of a decision to reassign – Urgency – None)

Application: brought under Articles 242 EC, 243 EC, 157 EA and 158 EA, in which Mr Plasa seeks suspension of the decision of 8 May 2008 by which the Commission reassigns him to Brussels (Belgium), in the interest of the service, from 1 August 2008.

Held: The application for interim measures is dismissed. Costs are reserved.

Summary

Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage

(Art. 242 EC; Rules of Procedure of the Civil Service Tribunal, Art. 102(2))

The purpose of interim proceedings is not to secure reparation of damage but to guarantee the full effectiveness of the judgment on the substance. In order that the latter objective may be attained, the measures sought must be urgent in the sense that, in order to avoid serious and irreparable damage to the applicant’s interests, they must be ordered and become effective even before the decision in the main proceedings. It is for the party applying for the grant of interim measures to adduce proof that it cannot await the outcome of the main action without suffering serious and irreparable damage of that kind.

In that respect, the fact that an official may not have been given an assignment which corresponds to his professional aspirations does not cause him damage. Assignments are decided by the appointing authority in the interests of the service, and officials do not have a subjective right to be assigned to a particular post. An official is only entitled to a post which corresponds to his grade.

(see paras 34-35)

See:

C-65/99 P(R) Willeme v Commission [1999] ECR I‑1857, para 62

T-173/99 R Elkaïm and Mazuel v Commission [1999] ECR-SC I‑A‑155 and II‑811, para. 25; T-320/02 R Esch-Leonhardt and Others v ECB [2002] ECR-SC I‑A‑325 and II‑1555, para. 27