Avis juridique important

61982O0142

European Court reports 1982 Page 01911

Parties

IN CASE 142/82 R

WILLIAM COPINE , AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY VICTOR BIEL OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 18 A RUE DES GLACIS ,

APPLICANT ,

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY HENDRIK VAN LIER , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , ASSISTED BY DANIEL JACOB OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Grounds

1 ACCORDING TO ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , AN ORDER SUSPENDING OPERATION OF A DECISION OR PROVIDING FOR OTHER INTERIM MEASURES IS TO BE SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE GRANT OF SUCH MEASURES .

2 ACCORDING TO THE WELL-ESTABLISHED CASE-LAW OF THE COURT , MEASURES OF THAT KIND MAY BE ORDERED IN INTERLOCUTORY PROCEEDINGS IF THEIR GRANT IS PRIMA FACIE JUSTIFIED ON FACTUAL AND LEGAL GROUNDS AND IF THEY ARE URGENT , AS BEING NECESSARY TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE INTERESTS OF THE PERSON CONCERNED .

3 IT IS NECESSARY TO EXAMINE WHETHER THOSE CONDITIONS ARE MET IN THIS CASE .

4 IN RELATION TO THE ' ' FUMUS BONI JURIS ' ' , IT CANNOT BE CONSIDERED THAT THE APPLICATION MEETS THAT CONDITION . INDEED IT APPEARS FROM THE FILE :

( A ) THAT BETWEEN DECEMBER 1978 ( WHEN MR COPINE OBTAINED A DEGREE IN COMMERCIAL SCIENCE ) AND 30 SEPTEMBER 1980 , THE APPLICANT CARRIED OUT THE FOLLOWING TASKS IN THE TECHNICAL-ADMINISTRATIVE SECTION OF THE SPECIALIZED DEPARTMENT FOR ADMINISTRATIVE AND TECHNICAL SERVICES :

' ' ADMINISTRATIVE AND FINANCIAL MANAGEMENT OF PRINTING CONTRACTS ENTERED INTO WITH OUTSIDE UNDERTAKINGS FOR THE PUBLISHING OF MATERIAL FROM ALL THE INSTITUTIONS . PARTICULAR DUTIES :

KEEPING UP TO DATE INDEX OF :

NATIONAL WAGES , AND

PRICES OF MATERIALS ( PAPER );

UPDATING OF CONTRACT PRICES ;

DRAFTING OF REPORTS TO THE PURCHASES AND CONTRACTS ADVISORY COMMITTEE ;

ENTERING ITS COMMITMENTS OF EXPENDITURE ' ' ;

( B)THAT BETWEEN 30 SEPTEMBER 1980 AND 30 NOVEMBER 1981 ( THE CLOSING DATE FOR THE SUBMISSION OF APPLICATIONS TO OPEN COMPETITION NO COM/A/325 ), THE APPLICANT WAS ENTRUSTED IN THE NEW DEVELOPMENTS SECTION OF THE SPECIALIZED DEPARTMENT FOR ADMINISTRATIVE AND TECHNICAL SERVICES WITH CARRYING OUT ' ' CERTAIN STUDIES ON THE ESTABLISHMENT OF COMPUTERIZED SYSTEMS FOR THE PRODUCTION OF PUBLICATIONS ' ' .

AT FIRST SIGHT , EVEN ON THE ASSUMPTION THAT THE TASKS DESCRIBED UNDER ( B ) ARE COVERED BY THE CONCEPT OF ' ' ADMINISTRATIVE , ADVISORY AND SUPERVISORY DUTIES ' ' TO WHICH ACCORDING TO THE NOTICE OF COMPETITION THE CANDIDATE ' S EXPERIENCE SHOULD RELATE , THE FACT REMAINS THAT IT APPEARS THAT THOSE DUTIES WERE PERFORMED OVER A PERIOD OF 14 MONTHS , WHEREAS TWO YEARS ' FURTHER EXPERIENCE WAS REQUIRED .

5 IN RELATION TO THE URGENCY OF THE MEASURE REQUESTED BY THE APPLICANT , IT IS NECESSARY TO CONSIDER , ON THE ONE HAND , THE FACT THAT THE DISADVANTAGES FOR THE PROPER FUNCTIONING OF THE COMMISSION ' S DEPARTMENTS WHICH MIGHT RESULT FROM THE SUSPENSION OF AN OPEN COMPETITION AT PRESENT INVOLVING 439 CANDIDATES AND INTENDED TO CONSTITUTE A RESERVE OF ADMINISTRATORS IN ORDER TO FILL SOME 80 POSTS ARE MUCH MORE SERIOUS THAN THE CONSEQUENCES WHICH MIGHT RESULT FOR THE APPLICANT FROM THE REFUSAL TO SUSPEND THAT PROCEDURE , AND , ON THE OTHER HAND , THE FACT THAT IN ANY EVENT THERE IS NO DANGER OF THE APPLICANT ' S SUFFERING SERIOUS AND IRREPARABLE DAMAGE . OPEN COMPETITION NO COM/A/325 IS IN FACT INTENDED TO CONSTITUTE A RESERVE LIST OF ADMINISTRATORS , THE VALIDITY OF WHICH IS TO EXPIRE ON 31 DECEMBER 1983 AND MAY BE EXTENDED . IF THE MAIN APPLICATION WERE TO BE ACCEPTED , THE APPLICANT MIGHT BE ADMITTED TO THE TESTS AFTER A FRESH EXAMINATION OF HIS APPLICATION AND IF HE PASSED THOSE TESTS , HE MIGHT BE INCLUDED ON THE RESERVE LIST BEFORE THE END OF THAT PERIOD , SO THAT HIS RIGHTS WOULD BE PROTECTED .

6 IN VIEW OF THE FOREGOING CONSIDERATIONS , IT MIGHT BE CONCLUDED THAT THE CONDITIONS TO WHICH THE REQUESTED MEASURE IS SUBJECT ARE NOT FULFILLED AND THAT THE APPLICATION MUST THEREFORE BE DISMISSED .

Decision on costs

COSTS

7 IN VIEW OF THE FOREGOING CONSIDERATIONS , THE COSTS MUST BE RESERVED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE FIRST CHAMBER ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED .