C-346/82
ECLI:EU:C:1983:28
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ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT 7 FEBRUARY 1983 '
Pierre Favre v Commission of the European Communities
(Interim measures — Temporary employee — Dismissal)
Case 346/82 R
Application for the adoption of interim measure — Suspension of operation — Conditions for the grant (Rules of Procedure, Art. 83 (2))
In Case 346/82 R
PIERRE FAVRE, a former temporary employee of the Commission of the European Communities, residing at 3 Rue Maurice Barros, Hettange- Grande, France, assisted and represented by Victor Biel of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Mr Biel, 18A Rue des Glacis,
applicant,
v
COMMISSION OF THE EUROPEAN COMMUNITIES, represented by John Forman, a member of its Legal Department, acting as Agent, assisted by Daniel Jacob of the Brussels Bar, with an address for service in Luxembourg at the office of Oreste Montako, a member of the Commission's Legal Department, Jean Monnet Building, Kirchberg,
defendant,
APPLICATION to suspend the applicant's dismissal pending a decision on the substance of the case,
1 — Language of the Case: French.
ORDER OF 7. 2. 1983 — CASE 346/82 R
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , taking the place , by virtue of Article 96 (1) of the Rules of Procedure , of the President of the Court , who is prevented from hearing the application,
makes the following
ORDER
Facts and Issues
By application dated 27 December 1982, By a letter of 30 July 1982 the Director- which was received at the Court on General for Personnel and Adminis 29 December 1982, the applicant, a tration informed the applicant that he temporary employee of the Commission had proposed to the appointing authority of the European Communities, requested that his contract should be terminated as the Court to suspend the decision from 2 November 1982. adopted by the Commission on 4 November 1982 terminating his contract pursuant to Article 47 (2) (a) of the By a memorandum of 19 August 1982 Conditions of Employment of Other addressed to Mr Burke —• the competent Servants of the European Communities. member of the Commission — the The period of notice stipulated in Article Director-General for Personnel and 5 of the applicant's contract started to Administration, acting on the opinion of run on 10 November 1982 so that the the Directorate-General for Energy, applicant's employment was due to end proposed that the applicant should be on 31 December 1982. dismissed in accordance with Article 47 (2) (a) of the Conditions of Employment of Other Servants.
The applicant was engaged on 25 September 1981 to undertake the duties The Staff Committee at Luxembourg of an administrator in Grade A 6 at the made representations to Mr Burke on 17 Euratom Safeguards Directorate of September 1982 asking him for a Directorate-General XVII, Energy, as a "second chance" to be given to the temporary employee for an indetermi applicant but the decision to dismiss him nate period "depending on the duration was taken on 4 November 1982 with of the nuclear inspection programme". effect from 10 November.
The contested decision, which was At the end of the probationary period a notified to the applicant on 4 November draft probationary report was notified to 1982, is the subject of an action for the applicant on 23 April 1982 casting annulment brought on 29 December doubts on his initiative, sense of 1982 when the application for the responsibility and efficiency. adoption of interim measures was also
FAVRE v COMMISSION
lodged. The applicant contends that the to ruin his whole career". He also pleads decision to dismiss him will cause him liis family circumstances, in particular the "absolutely irreparable harm and is likely fact that his wife is seriously ill.
Decision
The applicant has not demonstrated how the decision to dismiss him might cause him irreparable harm and has not adduced facts providing prima facie evidence that his application is well founded.
Since there is no reason to suppose that the main application stands a good chance of success, the application for suspension of the decision to dismiss the applicant until the Court has arrived at a decision on the substance of the case cannot be granted.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT,
by way of interim decision,
hereby orders as follows :
1. The application to suspend the decision to dismiss the applicant until judgment is given on the substance of the case is dismissed.
2. Costs are reserved.
Luxembourg, 7 February 1983.
J. A. Pompe A. O'Keeffe Deputy Registrar President of the First Chamber