C-23/74
ECLI:EU:C:1974:28
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ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE
COURT
OF 28 MARCH 1974 1
Berthold Küster
v European Parliament
Case 23/74 R
In Case 23/74 R
BERTHOLD Küster , an official of the European Parliament, represented by Victor Biel, advocate of the Luxembourg Bar, of 71, rue des Glacis, Luxem bourg,
applicant,
v
European Parliament , represented by Alex Bonn, advocate of the Luxem bourg Bar, of 22 Côte d'Eich, Luxembourg,
defendant,
Application to suspend the operation of any measure intended to fill the
vacant post of Head of Division of the Secretariat of the Committee on
Public Health and the Environment of the European Parliament,
The President of the First Chamber of the Court of Justice of the
European Communities
makes the following
1 — Language of the Case: French.
ORDER OF 28. 3. 1974 — CASE 23/74 R
ORDER
Mr Berthold Küster, an official of grade administrative complaint against the
A 4 since 1July 1971, has occupied the decision of 14 February 1974. post of Secretary of the Parliamentary By a letter of 14 March 1974 the Committee on Public Health and the President of the Parliament rejected the Environment on a temporary basis since complaint. 1 September 1973. By an application lodged at the Registry On 22 February 1974 he submitted to on 19 March 1974, the applicant
the appointing authority an administra requested that the Parliament should be tive complaint, claiming that the ordered to pay him the differential provisions of Article 7 (2) of the Staff allowance provided for by Article 7 (2) Regulations should be applied to him. of the Staff Regulations and that the
internal competition No 43/A should be By a letter of 4 March 1974 the annulled. Secretary-General of the European Parliament rejected this complaint. By a separate document accompanying the main application he made in addition By a decision of 14 February 1974, the an interim application to suspend any Parliament decided, in accordance with fill measure intended to the vacant post the results of the internal competition Head of of Division of the Secretariat of No 43/A, to appoint five officials to the Committee on Public Health and the grade A 3, with the duties of Head of Environment. Division in the Directorate-General for 1 he European Parliament, in a Committees and Interparliamentary document lodged at the Registry on 25 Delegations and on the understanding March 1974 in accordance with Article that one of these officials would be 83 (1) of the Rules of Procedure, responsible for the Secretariat of the submitted that the interim application Committee on Public Health and the should be dismissed. Environment. The parties were heard at the hearing on On 7 March 1974 the applicant the interim application on 27 March submitted to the appointing authority an 1974.
Law
1 By his interim application Mr Küster requests the Court to suspend any measure intended to fill the vacant post of Head of Division of the Secretariat of the Committee on Public Health and the Environment.
2 The European Parliament pleads the inadmissibility of this request on the
grounds that its subject-matter is different from that of the main appeal.
KÜSTER v PARLIAMENT
3 Under the second paragraph of Article 83 (1) an application to suspend the
operation of any measure 'shall be admissible only if it is made by a party to a case before the Court and if it relates to that case'.
4 The object of the application in question is to prevent one of the officials
promoted following competition No 43/A from being appointed to the post
of Secretary of the Committee on Public Health and the Environment.
5 This application refers in effect to the submissions in the pleadings in the
main appeal, one of which tends to establish that the applicant is the de facto holder of the said post, the other aiming at the annulment of competition No 43/A.
6 The application to suspend the operation of the measure, fulfilling the
conditions laid down in Article 83 (1), is therefore admissible.
7 The applicant maintains that if the post of Secretary of the Committee on Public Health and the Environment was immediately filled this would cause irreparable harm to his rights and interests.
8 Annulment of competition No 43/A would ensure the applicant's
appointment to the said Secretariat only if this post remained vacant during the main appeal.
9 Moreover, the Parliament would not suffer any detriment from the suspension of operation.
10 Article 7 (1) of the Staff Regulations provides that the official shall be assigned to a post in his category.
11 On the other hand, appraisal of an official's ability to undertake a particular
duty falls within the competence of the administration.
12 Consequently, the applicant cannot claim a right to a particular post with the Secretariat of the Committee on Public Health and the Environment.
ORDER OF 28. 3. 1974 — CASE 23/74 R
13 Even supposing that he were to succeed in his main action and was
subsequently promoted to grade A 3, it would nevertheless be for the
appointing authority to decide the post to which he ought to be assigned.
14 His claim that a particular post be reserved for him until the conclusion of the main appeal, must therefore be dismissed.
Costs
15 At this stage, it is appropriate to reserve costs.
On those grounds,
Upon reading the pleadings; Upon hearing the oral observations of the parties;
Having regard to the Staff Regulations of officials of the European
Communities, especially Article 7; Having regard to the Rules of Procedure of the Court of Justice of the
European Communities, especially Article 83
the President
as an interim ruling,
ORDERS
1. The interim application is dismissed;
2. The costs are reserved.
Done and ordered in Luxembourg on 28 March 1974.
A. Van Houtte A. M. Donner
Registrar President of the First Chamber