C-142/82

ORDER O F T H E PRESIDENT O F T H E FIRST CHAMBER O F T H E COURT 26 MAY 1982 '

William Copine v Commission of the European Communities

C u e 142/82 R

Application for the adoption of interim measures — Suspension of the proceedings of a selection board for a competition intended to constitute a reserve list — Conditions for granting (EEC Treaty, Art. 186; Rules of Procedure, Art. 83 (2))

In Case 142/82 R

WILLIAM COPINE, an official of the Commission of the European Communities, represented by Victor Biel of the Luxembourg Bar, with an address for service in Luxembourg at the latter's Chambers, 18 A Rue des Glacis, applicant, v

I — B a c k g r o u n d to the dispute accordance with the requirements of the Notice of Competition and Mr Copine claims that that decision contains an inadequate statement of the reasons on On 6 May 1982 William Copine, an which it is based and further constitutes official of the Commission of th an abuse of power and also a breach of European Communities in Grade B 4, the principle of the protection of brought an action for the annulment of legitimate expectation. the refusal by the Selection Board for Open Competition No COM/A/323 — General Administration option — to On the same day as he brought the admit him to that competition which was action, Mr Copine also applied for the organized by the Commission of the adoption of an interim order under European Communities in order to Article 83 et seq. of the Rules of constitute a reserve of administrators in Procedure of the Court of Justice the career bracket covering Grades 7 and suspending the proceedings of the 6 of Category' A (see Notice of Open Selection Board in relation to Open Competition, Official Journal 1981, Competition N o COM/A/325, General C 270, p. 22). Administration, until further notice, pending a decision on the substance of the main action. Subparagraph III B 2 (b) of the Notice of Open Competition included among the special conditions for admission the In its observations of 17 May 1982, the following condition: defendant Commission contended thai the application for the adoption of an interim measure should be dismissed and "At least two years' experience since relied upon the absence of a stror..; graduation of the following types: presumption that the application in the main action was well founded (/umus boni juris), the fact that the applicant Professional activity related to the option would not suffer anv irreparable damage as a result of the refusal to admit him to specified under I; the competition and the priority of the interests of the proper functioning of the Post-graduate studies with a degree or service over the applicant's interests In relation to the latter point, the diploma related to the option selected; Commission stressed that the suspension of the proceedings for the competition would result in serious inconvenience io Further training relating to the option the 439 candidates admitted to the tests selected." and would also be contrary to the interests of the service, in so far as it would result in a delay of almost a year The Selection Board decided that the in filling some 80 posts in Category A. applicant's experience was not in

(a) that between December 1978 (when Mr Copine obtained a degree in commercial science) and 30 September 1980, the applicant carried out the following tasks in the Technical-Administrative Section of the Specialized Department for Administrative and Technical Services:

"Administrative and financial management of printing contracts entered into with outside undertakings for the publishing of material from all the institutions. Particular duties:

Keeping up to date index of:

National wages, and

Prices of materials (paper);

Updating of contract prices;

s In relation to the urgency of the measure requested by the applicant, it is necessary to consider, on the one hand, the fact that the disadvantages for the proper functioning of the Commission's departments which might result from the suspension of an open competition at present involving 439 can- didates and intended to constitute a reserve of administrators in order to fill some 80 posts are much more serious than the consequences which might result for the applicant from the refusal to suspend that procedure, and, on the other hand, the fact that in any event there is no danger of the applicant's suffering serious and irreparable damage. Open Competition No C O M / A / 3 2 5 is in fact intended to constitute a reserve list of administrators, the validity of which is to expire on 31 December 1983 and may be extended. If the main application were to be accepted, the applicant might be admitted to the tests after a fresh examination of his application and if he passed those tests, he might be included on the resene list before the end of that period, so that his rights would be protected.

» In view of the foregoing considerations, it might be concluded that the conditions to which the requested measure is subject are not fulfilled and that the application must therefore be dismissed.

Costs

In view of the foregoing considerations, the costs must be resened.

COPINE v COMMISSION

On those grounds,

J. A. Pompe G. Bosco Deputy Registrar President of the First Chamber