61980CO0033_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 33/80 R
RENATO ALBINI, A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES AND NINE OTHER FORMER OFFICIALS OF THE COMMISSION, REPRESENTED AND ASSISTED BY RAIMONDO MARINI-CLARELLI, OF THE ROME BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF VICTOR BIEL, ADVOCATE,
18 A RUE DES GLACIS,
APPLICANTS,
V
COUNCIL OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, JOHN CARBERY, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF DOUGLAS FONTEIN, DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK, 2 PLACE DE METZ,
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, JOSEPH GRIESMAR, AND BY ORESTE MONTALTO, A MEMBER OF THE LEGAL DEPARTMENT, ACTING AS AGENTS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER, MARIO CERVINO, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANTS,
Subject of the case
APPLICATION FOR THE ADOPTION OF INTERIM MEASURES ORDERING THE DEFENDANTS TO DESIST FORTHWITH FROM APPLYING IN THE CASE OF THE APPLICANTS COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978, PP . 6 AND 8 ) AMENDING THE STAFF REGULATIONS OF OFFICIALS WITH PARTICULAR REFERENCE TO THE MONETARY
PARITIES TO BE USED IN THE PAYMENT IN PARTICULAR OF REMUNERATION AND PENSIONS RESPECTIVELY, AND CONSEQUENTLY ADJUSTING THE WEIGHTINGS APPLICABLE TO SUCH MONETARY ENTITLEMENTS,
Grounds
1 THE APPLICANTS ASK THE COURT TO ORDER THAT THE APPLICATION OF COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978, PP . 6 AND 8 ) BE SUSPENDED IN REGARD TO THEM .
2 THESE REGULATIONS, WHICH ADJUST THE MONETARY PARITIES TO BE USED IN THE CALCULATION OF REMUNERATION AND PENSIONS OF OFFICIALS AS WELL AS THE WEIGHTINGS APPLIED TO THEM, IS CLAIMED TO CAUSE A REDUCTION OF MORE THAN 50% IN THE
AMOUNTS PAID TO THE APPLICANTS AS PENSIONS, THUS CAUSING THEM SERIOUS FINANCIAL DAMAGE .
3 ARTICLE 83 OF THE RULES OF PROCEDURE OF THE COURT PROVIDES THAT :
- ' ' AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY AN INSTITUTION . . . SHALL BE ADMISSIBLE ONLY IF THE APPLICANT IS CHALLENGING THAT MEASURE IN PROCEEDINGS BEFORE THE COURT . ' '
THAT CONDITION IS FULFILLED IN THE CASE OF THE APPLICANTS .
- AN APPLICATION OF THIS KIND IS REQUIRED TO ' ' STATE THE SUBJECT-MATTER OF THE DISPUTE, THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR ' ' .
4 IN NUMEROUS PREVIOUS CASES THE COURT HAS HELD THAT AN APPLICANT SEEKING THE ADOPTION OF INTERIM MEASURES MUST BE IN SUCH A POSITION AS TO BE LIKELY TO SUFFER IRREPARABLE DAMAGE .
5 THE APPLICATION BY THE APPLICANTS DOES NOT SHOW THAT THEY ARE SUFFERING DAMAGE WHICH CANNOT BE MADE GOOD BY THE DEFINITIVE JUDGMENT . IF THE APPLICANTS SUCCEED THEY WILL BE ENTITLED TO THE DIFFERENCE BETWEEN THE NET AMOUNTS RESULTING FROM THE APPLICATION OF REGULATIONS NOS 3085/78 AND 3086/78 AND THE PENSIONS PAYABLE BEFORE THOSE REGULATIONS CAME INTO FORCE .
6 IF, ON THE OTHER HAND, THE APPLICANTS ARE NOT SUCCESSFUL AND A SUSPENSION OF THE OPERATION OF REGULATIONS NOS 3085/78 AND 3086/78 HAS IN THE MEANTIME BEEN ORDERED, THE COMMISSION WOULD BE EMPOWERED UNDER ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS TO RECOVER THE SUMS OVERPAID . THIS SITUATION MIGHT ALSO ENTAIL FINANCIAL DIFFICULTIES FOR THE APPLICANTS .
7 CONSEQUENTLY THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES MUST BE DISMISSED .
Decision on costs
8 IT IS APPROPRIATE, AT THIS STAGE, TO RESERVE COSTS .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT,
AS AN INTERLOCUTORY DECISION,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .
2 . THE COSTS ARE RESERVED .