Avis juridique important

61964J0050

European Court reports French edition Page 01015 Dutch edition Page 00886 German edition Page 01082 Italian edition Page 00810 English special edition Page 00825 Danish special edition Page 00123 Greek special edition Page 00167 Portuguese special edition Page 00211

Summary

1 . THE REJECTION OF A COMPLAINT BY WAY OF A COMMUNICATION CONFIRMING A PREVIOUS DECISION IS NOT AN ACT ADVERSELY AFFECTING AN OFFICIAL (' FAISANT GRIEF ') WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS .

2 . ( A ) CF . PARAGRAPH 4, SUMMARY IN CASE 43/64 ( 1965 ) ECR 385 .

APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE, THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

( B ) A REFUSAL OF ONE OF THE PARTIES TO TAKE THE MEASURES NECESSARY IN ORDER TO COMPLY WITH A JUDGMENT OF THE COURT DOES NOT CONSTITUTE A DECISION ADVERSELY AFFECTING THE OTHER PARTY UNLESS THE JUDGMENT AT ISSUE WAS DELIVERED AS BETWEEN THE SAME PARTIES .

Parties

IN JOINED CASES :

50/64

RALPH LOEBISCH, A HEAD OF SECTION IN THE TRANSLATION DEPARTMENT OF THE GENERAL SECRETARIAT OF THE COUNCILS,

51/64

TOMMASO VALERIO, A HEAD OF SECTION IN THE TRANSLATION DEPARTMENT OF THE GENERAL SECRETARIAT OF THE COUNCILS,

53/64

GUILLAUME BATTIN, A HEAD OF SECTION IN THE TRANSLATION DEPARTMENT OF THE GENERAL SECRETARIAT OF THE COUNCILS,

54/64

WOUTER VAN ROYEN, A HEAD OF SECTION IN THE TRANSLATION DEPARTMENT OF THE GENERAL SECRETARIAT OF THE COUNCILS,

57/64

HEINZ NOACK, HEAD OF THE TRANSLATION DEPARTMENT OF THE GENERAL SECRETARIAT OF THE COUNCILS, REPRESENTED AND ASSISTED BY FERNAND PROBST, ADVOCATE OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT HIS CHAMBERS AT 26 AVENUE DE LA LIBERTE,

APPLICANTS,

COUNCILS OF THE EEC, EAEC AND ECSC, REPRESENTED BY HANS JUERGEN LAMBERS, LEGAL ADVISER TO THE GENERAL SECRETARIAT OF THE COUNCILS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF JACQUES LECLERC, AN OFFICIAL OF THE GENERAL SECRETARIAT OF THE COUNCILS, 3 RUE AUGUSTE - LUMIERE,

DEFENDANT,

Subject of the case

APPLICATION TO BE CLASSIFIED IN A PARTICULAR STEP OF A GRADE;

Grounds

ADMISSIBILITY

THE DEFENDANTS PLEAD THAT THE APPEALS ARE INADMISSIBLE ON THE GROUND THAT THE APPLICATIONS WERE LODGED AFTER THE LEGAL TIME-LIMITS HAD EXPIRED .

THE PRESENT APPEALS ARE DIRECTED AGAINST THE REJECTION BY THE SECRETARY-GENERAL OF THE COUNCILS OF COMPLAINTS MADE BY THE APPLICANTS WITH A VIEW TO OBTAINING A HIGHER STEP THAN THE ONE ACCORDED TO THEM BY THE DECISIONS OF 28 MARCH 1963 . AN ANALYSIS OF THESE REJECTIONS SHOWS THAT IN EACH OF THESE CASES THEY WERE IN FACT CONFIRMATIONS OF THE SAID DECISIONS OF 28 MARCH 1963 WHEREBY THE APPLICANTS WERE ALLOTTED THEIR GRADES . IT IS ADMITTED ON ALL SIDES THAT THESE DECISIONS GAVE THE APPLICANTS A LOWER STEP THAN THE ONE TO WHICH THEY CLAIM TO BE ENTITLED . THEREFORE, SINCE THE APPLICANTS' COMPLAINTS ORIGINATE IN THE DECISIONS OF 28 MARCH 1963, IT IS AGAINST THESE DECISIONS THAT THEY SHOULD HAVE LODGED THEIR APPEALS WITHIN THE TIME-LIMITS LAID DOWN BY ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS . HOWEVER BOTH THE PRESENT APPEALS AND THE SAID COMPLAINTS WERE LODGED OUTSIDE THE ABOVEMENTIONED LEGAL TIME-LIMITS .

NEVERTHELESS THE APPLICANTS ASSERT THAT THE JUDGMENT DELIVERED BY THE COURT ON 7 JULY 1964 IN CASE 70/63 CONSTITUTES A NEW FACTOR CALCULATED TO CHANGE THE ESSENTIAL CIRCUMSTANCES AND CONDITIONS WHICH LED TO THE DISPUTED GRADING, AND THAT THIS ENABLED THE PERIOD FOR LODGING AN APPEAL TO START TO RUN AFRESH . IN SUPPORT OF THIS ARGUMENT THEY REFER TO THE JUDGMENT OF 22 MARCH 1961 IN JOINED CASES 42 AND 49/59, AND CONCLUDE THAT THE REFUSAL OF THE COUNCILS TO REVOKE THE DECISIONS OF 28 MARCH 1963 CONSTITUTES A NEW DECISION WHICH CAN BE CONTESTED .

AS REGARDS THE SAID JUDGMENT IN CASE 70/63, APART FROM THE ACTUAL PARTIES IN PROCEEDINGS BEFORE THE COURT, THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS .

IT IS UNDISPUTED THAT THE JUDGMENT IN CASE 70/63 ANNULLED A DECISION OF THE COURT OF JUSTICE IN SO FAR AS IT FIXED THE STEP IN WHICH THE PERSON CONCERNED WAS TO BE CLASSIFIED . THIS DECISION ONLY DEALT WITH THE INDIVIDUAL POSITION OF THE PERSON CONCERNED AND CANNOT BE OF DIRECT CONCERN TO THIRD PARTIES SUCH AS THE APPLICANTS . IN THESE CIRCUMSTANCES, THEREFORE, AS REGARDS THE APPLICANTS THE ABOVEMENTIONED JUDGMENT DOES NOT CONSTITUTE A NEW FACTOR ENABLING THE PERIOD FOR LODGING AN APPEAL, WHICH IN THIS CASE HAS EXPIRED, TO START TO RUN AFRESH .

FOR THE REASONS STATED, AND WITHOUT ITS BEING NECESSARY TO EXAMINE THE SUBMISSION CONCERNING GOOD FAITH WHICH WAS RAISED AS A VERY MINOR POINT, THE CONCLUSION TO BE DRAWN IS THAT THE PRESENT APPLICATIONS WERE LODGED OUT OF TIME AND THAT THEY ARE CONSEQUENTLY INADMISSIBLE .

Decision on costs

THE APPLICANTS HAVE FAILED IN THEIR APPLICATIONS .

UNDER ARTICLE 69(2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . HOWEVER ARTICLE 70 OF THE SAID RULES PROVIDES THAT, IN PROCEEDINGS COMMENCED BY SERVANTS OF THE COMMUNITIES, INSTITUTIONS SHALL BEAR THEIR OWN COSTS .

Operative part

THE COURT ( SECOND CHAMBER )

HEREBY :

1 . DISMISSES THE PRESENT APPLICATIONS AS INADMISSIBLE;

2 . ORDERS THE APPLICANTS TO BEAR THE COSTS, EXCEPT THOSE INCURRED BY THE DEFENDANT .