61979CO0048_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 48/79 R
MARINUS OOMS, NICOLAS HAZES, PETER HANSEN, JOHANNES WILLEM HOFMAN, ALBERTO DOMENICO CARETTA, GEORGES RENE HERVO, ROGER BUYL, FRANS QUIK, BASTIAN STAL, OFFICIALS 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,
APPLICANTS,
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER JOSEPH GRIESMAR, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO, LEGAL ADVISER TO THE COMMISSION, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANT,
Subject of the case
APPLICATION TO SUSPEND THE APPLICATION OF COUNCIL REGULATION ( EURATOM, ECSC, EEC ) NO 3085/78 OF 21 DECEMBER 1978 AND OF COUNCIL REGULATION ( EURATOM, ECSC, EEC ) NO 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL NO L 309 OF 29 DECEMBER 1978 ),
Grounds
1ACCORDING TO ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT THE SUSPENSION OF THE OPERATION OF THE DISPUTED MEASURE IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE ADOPTION OF SUCH A MEASURE .
2THE DISPUTED REGULATIONS HAVE THE EFFECT OF MAKING LESS FAVOURABLE THAN PREVIOUSLY THE EXCHANGE RATE APPLICABLE TO CERTAIN TRANSFERS OF SUMS WHICH THE APPLICANTS MAY EFFECT UNDER THE STAFF REGULATIONS .
3IF THE CONTESTED MEASURES WERE ANNULLED THE ONLY RESULT WOULD BE THAT THE COMMISSION WOULD OWE SUPPLEMENTARY AMOUNTS TO WHICH THE APPLICANTS WOULD THEN BE ENTITLED .
4THERE IS NO NEED TO CONSIDER WHETHER THE GROUNDS PUT FORWARD AGAINST THE ADMISSIBILITY OF THE MAIN ACTION ARE OF SUCH A NATURE AS TO IMPUGN THE ADMISSIBILITY OF THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AS IT IS SUFFICIENT TO RECORD THAT EVEN IF THERE WERE TO BE AN ANNULMENT THE MERE DELAY IN PAYMENT WOULD NOT BE OF SUCH A NATURE AS TO CAUSE THE APPLICANTS IRREPARABLE DAMAGE .
5THE APPLICATION MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
6IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT,
ACTING AS PRESIDENT OF THE COURT,
BY WAY OF INTERLOCUTORY DECISION HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED .
2 . COSTS ARE RESERVED .