C-30/64
ECLI:EU:C:1964:67
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ORDER OF 7. 8. 1964 — CASE 30/64R
ORDER OF THE PRESIDENT OF THE COURT 7 AUGUST 19641
In Case 30/64 R
FULVIO FONZI, engineer, a scientific official of the European Atomic Energy Community residing at Sesto Calende (Varese, Italy), represented and assisted by Mario Giuliano, Professor in the Faculty of Law of the University of Milan, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 6 rue Willy-Goergen, applicant, v
COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMISSION, represented by its legal adviser, M. Prelle, acting as Agent, with an address for service in Luxembourg at the office of Mr Manzanarès, secretary of the Legal Depart ment of the European Executives, 2 place de Metz, defendant,
Application for the suspension of the operation of the decision taken by the Commission in respect of the applicant on 24 June 1964 calling on him to go immediately to Brussels,
Issues of fact and of law
Whereas the applicant by application him by the Commission on 24 June lodged at the Count Registry on 13 1964;' July 1964 has begun an action having Whereas the defendant on 25 July 1964 as its object, among others, the annul lodged its observations concerning the ment of a decision of the Commission application for the adoption of an in 'which appears to be of 24 June 1964 terim order, in which it contends that (but which has not been notified the Court should: properly to him)' by which the latter 'Declare the request for suspension of 'has ordered Mr Fonzi to go immedia the operation of the contested decision tely to Brussels to 'take up service there unfounded; temporarily' without prejudice to a later Dismiss it and order the applicant to posting to Jülich'; pay the costs;' Whereas in his application for suspen Whereas the parties, having been duly sion lodged at the Court Registry also summoned, orally informed the Regis on 13 July 1964 the applicant claimed try of their intention not to submit oral that the Court should: observations; 'Without prejudice to the decision Whereas the documents of the parties on the substance of the case, are sufficient to enable a decision to be order the suspension of the opera made on the application for the adop tion of the decision taken in respect of tion of an interim measure; 1 — Translated from the French.
FONZI v COMMISSION
Grounds
Whereas it appears from the observations of the defendant that Mr Fonzi actually went to Brussels on 22 July 1964, and from there to Jülich, where he had the meeting regarded as necessary by the Commission;
Whereas the applicant has not disputed that this is true;
Whereas his conduct amounts to the execution of the decision referred to in his application for suspension;
Whereas the said application is therefore out of time;
Whereas since from the beginning it has been lacking in subject matter, the application for suspension must be declared inadmissible;
On those grounds,
Having regard to Articles 152 and 157 of the Treaty establishing the European Atomic Energy Community and to Article 37 of the Statute of the Court of Justice of that Community, Having regard to Articles 83, 84 and 86 of the Rules of Procedure of the Court of Justice of the European Communities;
The President of the Court of Justice of the European Communities
hereby orders:
I. The application is inadmissible; 2. The costs are reserved.
H. J. Eversen A. M. Donner
Assistant Registrar President
For the Registrar