C-51/79

Commission of the European Communities, represented by its Principal Legal Adviser, Raymond Baeyens, acting as Agent, with an address for service in Luxembourg at the office of its Legal Adviser Mario Cervino, Jean Monnet Building, defendant,

APPLICATION for the adoption of interim measures to prevent the dissemination and use by the Commission of the report of a study carried out at its request by P. A. International Consultants Ltd. (Pactel) and to prohibit any restructuring of the Computer Operation Division in Luxem­ bourg in so far as it is based on that report,

The President of the First Chamber of the Court, acting as President of the Court,

hereby makes the present

1 — Language of the Case: French.

ORDER OF 3. 5. 1979 — CASE 51/79 R

With a view to a reorganization of its Availing themselves of the provisions of informatics operations, carried out prin­ Article 91 (4) of the Staff Regulations, cipally by Directorates General IX the applicants, without waiting for the (Personnel and Administration) and XIII expiration of the period allowed the (Scientific and Technical Information appointing authority for a reply, referred and Information Management), the the matter to the Court by an application Commission engaged a private company, lodged at the Registry on 2 April 1979 P. A. International Consultants Ltd., with a view to obtaining on the one hand (hereinafter referred to as "Pactel"), to a declaration that the disputed report carry out a study in particular of the was "contrary to the provisions of the optimum use of a Siemens computer in Staff Regulations and to the accepted connexion with the creation of a principles regarding … legitimate network for the transmission of data, confidence" and on the other hand an referred to as "Euronet". order to the Commission to pay each of A preliminary version of a study report, them the sum of one unit of account by entitled "Audit of the Siemens way of damages. computer" was distributed on 18 January 1979 and on 22 February 1979 a By a separate document attached to the discussion on the report took place application the applicants applied for the between the officials responsible for the adoption of interim measures: (a) operations to be carried out by that ordering that "any circulation of the said computer. Pactel report and any dissemination of it The applicants took the view that certain shall be suspended" and (b) further for a passages in the report, in particular the declaration that "until a decision has recommendation (point 4.6.2.) that been made on the substance of the "suitable staff should be sought… matter the said report shall be of no especially for the three key posts", were effect, and that in no event may it be defamatory of them and calculated to used as the basis for a restructuring of cause damage to their careers; the Computer Operations Division" and accordingly by a note dated 28 February that costs should be reserved. 1979 they asked the Director General of Directorate General XIII and the Director of Personnel and In a statement dated 18 April 1979 the Administration to confirm that that defendant, the Commission, contended report would "not be otherwise that the President of the Court, as an disseminated or used in any manner interlocutory decision, should dismiss the whatsoever". Further, on 30 March 1979 application for the adoption of an they lodged complaints in pursuance of interim measure as inadmissible and in Article 90 of the Staff Regulations of any case as unfounded and reserve the Officials with the appointing authority. costs.

5 The application must therefore be dismissed.

Costs

6 In the circumstances costs should be reserved.

ORDER OF 3. 5. 1979 — CASE 51/79 R

On those grounds,

The President of the First Chamber of the Court, acting as President of the Court,