C-161/80

ORDER OF T H E PRESIDENT OF T H E COURT OF 31 JULY 1980 1

Maria Grazia Carbognani and Marisa Coda Zabetta v Commission of the European Communities

Joined Cases 161 and 162/80 R

In Joined Cases 161 and 162/80 R

MARIA GRAZIA CARBOGNANI AND MARISA CODA ZABETTA, officials of the Commission of the European Communities employed at the Information Office, Rome, represented by Blanche Moutrier, of the Luxembourg Bar, residing at 11A Avenue de la Porte-Neuve, Luxembourg,

applicants, v

Facts and background

1 The applicants are officials in Category C 2 employed as shorthand-typists at the Information Office of the Commission in Rome. The first-named applicant was employed by the High Authority of the European Coal and Steel Community in Luxembourg in 1962; she continued to perform her duties in Luxembourg until 5 July 1968 when she was assigned to Direc- torate-General X of the Commission in the Information Office in Rome. The second-named applicant was employed by the Commission in Brussels in 1965; she continued to perform her duties in Brussels until 5 July 1968, when, like the first applicant, she was assigned to the Information Office in Rome.

2 By a decision of 24 November 1976 the Commission set up a "rotation system for the information offices". By that decision the normal duration of the assignment of officials to external posts is to be three years; that period may be extended from year to year up to a total duration of six years. The system applies to all personnel in Categories A, B and C subject to the understanding however that for officials in Categories B and C special problems relating to the service or of a "personal nature may be taken into account. According to the Commission this rotation system is intended to achieve a number of objectives such as the mobility of departments, diversi- fication of officials' experience, closer ties between the central administration and its external offices and the securing of balanced careers for the officials concerned.

3 Under the decision of 24 November 1976 the rotation plan for movement of staff is drawn up each year by an ad boc committee and adopted by the Commission. On 2 October 1979 that Committee decided to include the names of the applicants on the rotation list proposed for 198Ö; the proposed list was approved on 28 November 1979 by the Commission. On 17 December 1979 the Director-General for Personnel sent each of the applicants a letter written in the following terms :

5 The applicants sent their observations to the administration and on 12 March 1980 made formal complaints in similar terms pursuant to Article 90 of the Staff Regulations. In those complaints they contend that the decisions affecting them are unlawful on three grounds:

(a) They have the effect of prejudicing their personal and family interests;

(b) Secondly, they offend against Articles 4 and 7 of the Staff Regulations which do not allow the administration to transfer an official against his wishes;

(c) Thirdly, they destroy the legitimate expectation which the applicants were entitled to entertain that, in view of the fact that their assignment occurred prior to the introduction of the rotation system by the decision of 24 November 1976, it was permanent.

ORDER OF 31. 7. 1980 — JOINED CASES 161 AND 162/80 R

6 The Commission failed to reply within the period prescribed by the second subparagraph of Article 90 (2) of the Staff Regulations and on 11 July 1980 the applicants therefore lodged their applications for the annulment of the Commission decisions to transfer them to the Brussels headquarters and to announce that their posts in the Rome office were vacant.

CARBOGNANI AND CODA ZABETTA v COMMISSION

10 The parties presented oral argument at the sitting on 31 July 1980. At the sitting the two cases were joined for the purposes of this order.

Decision

11 It appears unnecessary at this stage to adjudicate on the applications for the adoption of interim measures. Whatever description is to be applied in regard to Article 90 (2) of the Staff Regulations to the letters of 17 December 1979 and the simultaneous publication of an invitation for applications, it is nevertheless clear from the statements made by the Commission in its written observations and confirmed during the oral procedure that the Commission does not intend to take any action on the intention evinced in the said letters until it has adopted formal "re-assignment decisions" with regard to the applicants, and it is agreed that such decisions will allow a reasonable period for their implementation, thus enabling the applicants to take advantage of the right under the Staff Regulations to lodge a complaint and make an application to the Court.

12 It is therefore sufficient to take cognizance of the Commission's statements and to declare that the purpose of the applications for the adoption of interim measures has for the moment been achieved inasmuch as the applicants may be assured that until the Commission makes a subsequent decision in whatever form it decides upon, the letters of 17 December 1979 will not be followed by positive action. It follows therefore that the applications for the adoption of interim measures have lost their purpose.

Luxembourg, 31 July 1980.

The Registrar by order H. A. Rühl P. Pescatore Principal Administrator Judge, Acting as President