61981CO0010_EN
Parties
Grounds
Operative part
Parties
IN CASE 10/81
C . J . FARRALL
AGAINST
COMMISSION OF THE EUROPEAN COMMUNITIES
Grounds
ON 19 JANUARY 1981 MR FARRALL, A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, LODGED, WITHOUT BEING REPRESENTED BY A LAWYER, AN APPLICATION CLAIMING THAT THE COURT SHOULD :
1 . ( 1 ) ANNUL THE DEFENDANT ' S IMPLIED DECISION REJECTING THE APPLICANT ' S COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS ;
( 2 ) DECLARE THAT THE DEFENDANT HAS INFRINGED ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS ;
( 3 ) ORDER THE DEFENDANT TO PAY TO THE APPLICANT :
( A ) DEFAULT INTEREST IN RESPECT OF THE DELAY IN PAYMENT OF THE APPLICANT ' S SEVERANCE GRANT, AMOUNTING TO BFR 632 225, SUCH
INTEREST TO BE CALCULATED FROM 1 SEPTEMBER 1979 TO 21 JANUARY 1980 AT A RATE COMMENSURATE WITH THE PREVAILING UNITED KINGDOM BANK RATE DURING THAT PERIOD, OR AT SUCH RATE AS THE COURT SHALL DECIDE ;
( B ) COMPENSATION FOR THE LOSS SUFFERED BY THE APPLICANT THROUGH BEING UNABLE BETWEEN 1 SEPTEMBER 1979 AND 21 JANUARY 1980 TO COMMIT HIMSELF TO THE PURCHASE OF A DWELLING-HOUSE IN THE UNITED KINGDOM, CALCULATED AT BFR 39 450 IN ACCORDANCE WITH A RISE OF 6.24% IN THE UNITED KINGDOM RETAIL PRICE INDEX BETWEEN AUGUST 1979 AND JANUARY 1980 ;
( C ) INTEREST ON THE AMOUNTS AWARDED AT ( A ) AND ( B ) ABOVE CALCULATED FROM 21 JANUARY 1980 TO THE DATE OF THE COURT ' S ORDER ;
( D ) EXEMPLARY DAMAGES OF BFR 1 ;
ALTERNATIVELY, MAKE SUCH OTHER OR FURTHER ORDERS AS SEEM EQUITABLE IN ALL THE CIRCUMSTANCES OF THE CASE ;
2 . ORDER THE DEFENDANT TO PAY THE COSTS .
BY A SEPARATE DOCUMENT LODGED ON THE SAME DATE, MR FARRALL MADE, ALSO WITHOUT BEING REPRESENTED BY A LAWYER, AN APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND AN APPLICATION FOR LEGAL AID .
BY A LETTER OF 22 JANUARY 1981 THE REGISTRAR REQUESTED MR FARRALL, IN PURSUANCE OF ARTICLE 38 ( 7 ) OF THE RULES OF PROCEDURE, TO PUT HIS APPLICATIONS IN ORDER BY CAUSING THEM TO BE LODGED BY A LAWYER .
BY A LETTER OF 9 FEBRUARY 1981 MR FARRALL REPLIED THAT IT WAS IMPOSSIBLE FOR HIM TO COMPLY WITH THAT REQUIREMENT .
AS MR FARRALL HAS NOT TAKEN THE OPPORTUNITY TO PUT HIS APPLICATIONS IN ORDER THEY SHOULD BE DECLARED INADMISSIBLE AND REMOVED FROM THE COURT ' S REGISTER .
Operative part
THE COURT ( SECOND CHAMBER ),
COMPOSED OF : P . PESCATORE, PRESIDENT OF CHAMBER, O . DUE AND A . CHLOROS, JUDGES,
ADVOCATE GENERAL : G . REISCHL
REGISTRAR : A . VAN HOUTTE
HEREBY ORDERS AS FOLLOWS :
1 . THE MAIN APPLICATION, THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND THE APPLICATION FOR LEGAL AID ARE INADMISSIBLE .
2 . THE CASE IS REMOVED FROM THE COURT ' S REGISTER .