C-29/66
ECLI:EU:C:1966:52
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- Súdny dvor Európskej únie
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- 61966CO0029
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ORDER OF THE PRESIDENT OF THE FIRST CHAMBER
OF THE COURT 28 NOVEMBER 1966
Max Gutmann
v Commission of the EAEC
Case 29/66R
2 In Case 29/66R
Max Gutmann , an official of the European Atomic Energy Community,
represented by Ernest Arendt, avocat-avoue at the Cour d'Appel, Luxem bourg, with an address for service in Luxembourg at 6 rue Willy-Goergen,
applicant,
v
Commission of the European Atomic Energy Community , represented
by its Legal Adviser, Maurice Prelle, acting as Agent, with an address for service in Luxembourg at the Secretariat of the Legal Department of the
High Authority of the European Coal and Steel Community, 2 place de Metz,
defendant,
Application to suspend the operation of the decision of the European Atomic
Energy Community July 1966 appointing the applicant to the post of of 18
reviser in Grade L/A5 in the Language Service of the Commission;
Facts
Whereas by its judgment delivered on as from 16 December 1964, to the post 5 May 1966 in Joined Cases 18 and of Principal Administrator in a Direc 35/65, the First Chamber of the Court torate of the EAEC at Brussels; of Justice of the European Communities Whereas by decision of 18 July 1966, inter alia annulled the decision of the the Commission of the EAEC reinstated
Commission of the EAEC of 5 February Mr Gutmann in his previous post in the 1965, which rejected a complaint sub Press and Public Relations Department mitted by Mr Gutmann against earlier at Ispra as from 16 December 1964; decisions suspending him from his post Whereas by the same measure, the Com of Head of the Press and Public Re mission of the EAEC also decided to
lations Department of the Ispra Joint allocate Mr Gutmann by way of trans Research Centre and transferring him, fer as from 19 July 1966, to the post
1 — Language of the Case: French.
2 — In the main action the applicant discontinued his application; by order of 4 July 1967 the Court removed the case from the Register.
ORDER OF 28. 11. 1967 — CASE 29/66R
of Reviser in Grade L/A 5 in the Lan Whereas on 15 November 1966 the
guages Service of the Commission (head Commission of the EAEC lodged its 2 of the operative part of the decision); observations concerning the application
whereas by an application lodged at for the adoption of such interim meas
dismis theCourt Registry on 21 October 1966, ures, claiming 'that it should be Mr Gutmann instituted proceedings for sed as unfounded and that the applicant
the annulment of the said decision to should be ordered to pay the costs of
transfer him; the proceedings in accordance with
wnereas by a separate application Article 70 of the Rules of Procedure lodged at the Court Registry on 3 of the Court; November 1966, Mr Gutmann reques Whereas at the oral proceedings on 24
ted the suspension of 'the operation of November 1966, relating to his appli
head 2 in of the operative part of the de cation for the adoption of the said
cision contested by Application 29/66 terim measure, Mr Gutmann assisted by Presi until a judgment had been given on Mr Arendt, appeared before the
that application; dent of the First Chamber and Mr whereas the applicant also requested Prelle, the Agent of the Commission of that an appropriate order should be the EAEC, appeared on behalf of the made as to costs; Commission;
Law
Whereas following the judgment of the Court in Joined Cases 18 and 35/65, the defendant decided on 18 July 1966 to reinstate the applicant in his post at Ispra in respect of the period up to that date and, as from 19 July 1966, to allocate him by way of transfer to another post attached to another depart ment of the Commission at Brussels;
Whereas the fact that these two different decisions were taken at the same
time is prima facie evidence that the applicant has not obtained the specific
result which he might have expected from the judgment delivered by the First Chamber of the Court on 5 May 1966 annulling the decision to transfer him from Ispra to Brussels;
Whereas the allocation of the applicant by way of transfer to a post attached to a different service from that to which he was formerly allocated gives rise to questions of law which must be settled by the judgment to be given in the main action;
Whereas if this judgment were to find that the above-mentioned allocation is
contrary to the Staff Regulations of Officials, it would be impossible to safe
guard retroactively interest in only performing duties the applicant's com
patible with his career bracket and, possibly, with his grade;
GUTMANN v COMMISSION
Whereas it has not been alleged that the functioning of the departments of the Commission would be seriously affected if the operation of the contested decision were suspended;
On those grounds,
Upon reading the pleadings; Upon hearing the parties; Com Having regard to the Treaty establishing the European Atomic Energy munity and the Statute of the Court of Justice of that Community; Having regard to the Staff Regulations of Officials of the European Atomic Energy Community; Having regard to the Rules of Procedure of the Court of Justice, especially Article 83;
Having regard to the urgency of the matter;
The President of the First Chamber of the Court of Justice of the European Communities
hereby makes the following interim orders:
1. The operation of head 2 of the operative part of the decision of the Commission of 18 July 1966 concerning the allocation of the appli
cant to a post of Reviser in the Language Service of the Commission shall be immediately suspended until judgment be given in the main
action;
2. The costs are reserved.
Luxembourg, 28 November 1966.
A. Van Houtte A. Trabucchi Registrar President of the First Chamber of the Court