C-69/83

COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES, represented by its Secretary, Jean-Aimé Stoli, acting as Agent, assisted by Lucette Defalque of the Brussels Bar, with an address for service in Luxembourg at its seat, 29 Rue Aldringen, defendant,

APPLICATION for the adoption of an interim measure suspending the operation of a decision of the Court of Auditors changing the allocation of posts as between the President's Sector and the Staff and Operational Expenditure Sector and of a decision of the President of the Court of Auditors reassigning the applicant to the latter sector,

T H E PRESIDENT OF THE SECOND CHAMBER, replacing the President of the Court pursuant to Article 96 (1) of the Rules of Procedure,

makes the following 1 — Language of the Case: French.

ORDER OF 20. 5. 1983 — CASE 69/83 R

ORDER

1. By application registered at the 14 April 1983 the President of the Court Court on 28 April 1983 Charles Lux, an of Auditors changed the applicant's official of the Court of Auditors of the posting by reassigning him, with effect European Communities in Grade A 5, from 15 April 1983, from the President's brought an action for the annulment of Sector to the Staff and Operational the decision of the Court of Auditors Expenditure Sector. changing the allocation of posts as between the President's Sector and the Staff and Operational Expenditure 5. In his application the applicant puts Sector and transferring a post of forward five submissions claiming lack of principal legal administrator from the competence of the authority which President's Sector to the Staff and Oper- decided to transfer his post, failure to ational Expenditure Sector and for the state the grounds on which the decision annulment of a decision of the President is based, infringement of the guarantees of the Court of Auditors changing the contained in Articles 4, 7 and 29 of the applicant's posting and reassigning him Staff Regulations relating to the termi- to the Staff and Operational Expenditure nation of the posting of an official and Sector. the relationship between his grade and post, disregard of the interests of the service in breach of Article 7 of the Staff 2. By an application for the adoption of Regulations and, finally, misuse of an interim measure brought on the same powers. day the applicant sought the suspension of operation of those decisions pursuant to Article 91 (4) of the Staff Regulations 6. The substance of those contentions is of Officials. repeated in the application for the adoption of interim measures as grounds for their adoption. 3. It may be seen from the file that before the decisions in question were 7. T o establish the urgency for a adopted the applicant was assigned to suspension of the operation of the the Sector of the President of the Court decisions taken the applicant gives of Auditors and that he was a member of particular emphasis to three facts: the Legal Department in that sector. That his reassignment from the 4. On 24 March 1983 the Court of President's Sector, which is an Auditors decided to change the administrative sector, to the Staff and allocation of posts provided for in the Operational Expenditure Sector, which budget as between the President's Sector is an auditing sector, involves his and the Staff and Operational assignment to duties which are Expenditure Sector. Pursuant to that inconsistent with or certainly different decision it transferred a post of principal from those duties for the performance legal administrator from the President's of which he was recruited and Sector to the Staff and Operational which correspond to his professional Expenditure Sector. By decision of experience;

8. For its part the Court of Auditors disputes the reasons put forward by the 10. Since the parties have stated their applicant to demonstrate that his respective points of view fully in their application is, prima facie, well founded. written statements and have presented all It recalls that at the beginning of his documents which must be taken into career the applicant performed the duties account in order that judgment may be of a lawyer in the sector auditing the given on the application for the adoption staff expenditure of the institutions and of interim measures, it does not appear that after his assignment to the Legal to be necessary to conduct any Department of the President's Sector he preparatory inquiry or to hear the continued to deal with personnel matters. parties' oral arguments.

Decision

u By virtue of Article 83 (2) of the Rules of P r o c e d u r e it is for the applicant to establish, on the one h a n d , the circumstances giving rise to urgency and, o n the other hand, the factual and legal grounds establishing a prima facie case for the interim measures applied for.

ORDER OF 20. 5. 1983 — CASE 69/83 R

i2 It is sufficient to state in this case that the applicant has not submitted any evidence to show the urgency of the measure applied for and there is no need to consider the second requirement referred to in the aforementioned provision.

1 3 It would appear, in fact, from the information received at this stage, that as the applicant has been reassigned together with his post and as both decisions adopted for that purpose are the subject of the proceedings for annulment, if he is successful in those proceedings he will automatically revert to the position as it was prior to the contested decisions.

Luxembourg, 20 May 1983.

P. Heim P. Pescatore Registrar President of the Second Chamber, Acting as President