Avis juridique important

61982O0338(01)

European Court reports 1983 Page 00145

Parties

IN CASE 338/82 R

CARLO ALBERTINI AND MARIO MONTAGNANI , SCIENTIFIC OFFICERS AT THE JOINT NUCLEAR RESEARCH CENTRE AT ISPRA , REPRESENTED BY ANGELO ULGHERI OF THE MILAN BAR AND ROLAND MICHEL OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 47 AVENUE DE LA LIBERTE ,

APPLICANTS ,

JOINT NUCLEAR RESEARCH CENTRE , ISPRA ,

COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANTS ,

Subject of the case

APPLICATION FOR THE SUSPENSION OF THE OPERATION OF VARIOUS DECISIONS OF THE HEAD OF THE APPLIED MECHANICS DIVISION OF THE JOINT NUCLEAR RESEARCH CENTRE WHEREBY THE APPLICANTS WERE FORBIDDEN TO HAVE CONTACT IN THE COURSE OF THEIR DUTIES WITH CERTAIN EXTERNAL ASSOCIATES , TO TAKE PART IN A SCIENTIFIC CONFERENCE ORGANIZED BY THE UNIVERSITY OF CAIRO OR TO PUBLISH A SCIENTIFIC PAPER AT THAT CONFERENCE , AND OF AN INTERNAL MEMORANDUM RELIEVING THE APPLICANTS OF THEIR RESPONSIBILITY FOR RESEARCH INTO THE DYNAMIC BEHAVIOUR OF MATERIALS,

Grounds

UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE AN APPLICATION FOR THE SUSPENSION OF A MEASURE MUST , IN THE FIRST PLACE , STATE THE CIRCUMSTANCES GIVING RISE TO URGENCY . AS FAR AS THE CLAIMS ON WHICH JUDGMENT WAS RESERVED IN THE ORDER OF 23 DECEMBER 1982 ARE CONCERNED , THE APPLICANTS HAVE FAILED TO SUPPLY ANY EVIDENCE TO THAT EFFECT .

IN SO FAR AS IT IS POSSIBLE TO JUDGE AT THIS EARLY STAGE , THE DECISIONS CONCERNING OUTSIDE CONTACTS DEAL WITH MINOR ISSUES OF AN ESSENTIALLY ADMINISTRATIVE NATURE IN CARRYING OUT THE RESEARCH PROGRAMMES OF THE JOINT NUCLEAR RESEARCH CENTRE . THE DECISIONS DO NOT APPEAR EITHER TO JEOPARDIZE THE GOOD MANAGEMENT OF THOSE PROGRAMMES IN THE SHORT TERM , OR TO BE LIABLE TO AFFECT IRREVERSIBLY THE RIGHTS OF THE APPLICANTS AS REGARDS THEIR EMPLOYMENT .

AS TO THE INTERNAL MEMORANDUM OF 10 NOVEMBER 1982 ALTERING THE DUTIES OF THE APPLICANTS , THE COMMISSION HAS CORRECTLY REMARKED THAT IF THE APPLICANTS ARE SUCCESSFUL IN THEIR ACTION THEY MAY EASILY BE REINSTATED IN THEIR PREVIOUS POSITIONS .

IT FOLLOWS FROM THE FOREGOING THAT SINCE THE APPLICANTS HAVE FAILED TO ESTABLISH URGENCY , THE CLAIMS ON WHICH JUDGMENT WAS RESERVED BY THE ORDER OF 23 DECEMBER 1982 MUST BE DISMISSED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE SECOND CHAMBER , ACTING AS PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ), THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE ,

HEREBY ORDERS AS FOLLOWS :