61982CO0347_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN CASE 347/82 R
JOSE ALVAREZ, FORMERLY A PROBATIONARY OFFICIAL OF THE EUROPEAN PARLIAMENT, REPRESENTED BY VICTOR BIEL, OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS, 18A RUE DES GLACIS,
APPLICANT,
V
EUROPEAN PARLIAMENT, REPRESENTED BY MANFRED PETER, HEAD OF THE LEGAL AND ADMINISTRATIVE QUESTIONS DIVISION, ASSISTED BY ALEX BONN, OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS, 22 COTE D ' EICH,
DEFENDANT,
Subject of the case
APPLICATION TO SUSPEND THE OPERATION OF THE EUROPEAN PARLIAMENT ' S DECISION OF 6 DECEMBER 1982, BY WHICH THE APPLICANT WAS DISMISSED,
Grounds
21 ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE REQUIRES THE APPLICANT TO SPECIFY THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
22 AS FAR AS THE URGENCY IS CONCERNED, IT IS SUFFICIENT TO REFER TO THE GROUNDS OF THE ORDER GIVEN BY THE PRESIDENT OF THE THIRD CHAMBER ON 20 JULY 1981 . AS THE PARLIAMENT HAS FULFILLED OR OFFERED TO FULFIL ALL THE FINANCIAL OBLIGATIONS WHICH RESULTED FROM THE ANNULMENT OF THE FIRST DISMISSAL, THE APPLICANT ' S POSITION IS ESSENTIALLY THE SAME AS IT WAS AT THE TIME OF THE FIRST APPLICATION FOR THE ADOPTION OF INTERIM MEASURES .
23 AS REGARDS THE GROUNDS FOR THE APPLICATION TO SUSPEND THE OPERATION OF THE DECISION, IT SHOULD BE NOTED THAT BY ITS JUDGMENT OF 6 OCTOBER 1982, THE COURT ANNULLED THE FIRST DISMISSAL ON THE BASIS OF THE FAILURE TO RESPECT THE ADVERSARY PROCEDURE PROVIDED FOR UNDER ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS . IT REJECTED, HOWEVER, THE CLAIM FOR THE ANNULMENT OF THE PROBATION REPORT . BY COMMUNICATING TO THE APPLICANT ALL THE PAPERS ON WHICH HIS DISMISSAL IS BASED, INCLUDING THE DOCUMENTS NOT PREVIOUSLY COMMUNICATED TO HIM, THE PARLIAMENT HAS COMPLIED IN THAT REGARD WITH THE JUDGMENT OF 6 OCTOBER 1982 .
24 BY REFUSING, FOR HIS PART, TO SUBMIT COMMENTS ON THE DOCUMENTS COMMUNICATED TO HIM, THE APPLICANT HAS ATTEMPTED TO THWART THE ADVERSARY NATURE OF THE PROCEDURE, THE IMPORTANCE OF WHICH WAS EMPHASIZED IN THE JUDGMENT OF 6 OCTOBER 1982 . ON THE FACE OF IT, THEREFORE, HE HAS ADMITTED THAT HE IS UNABLE TO REPLY SATISFACTORILY TO THE CIRTICISMS OF HIS CONDUCT DURING HIS PERIOD OF PROBATION .
25 IT MUST THEREFORE BE DECLARED THAT THE APPLICANT HAS, BY HIS OWN CONDUCT, PLACED HIMSELF OUTSIDE THE CONDITIONS WHICH, WITHIN THE MEANING OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE, MIGHT HAVE JUSTIFIED THE ADOPTION OF AN INTERIM MEASURE FOR HIS BENEFIT .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE SECOND CHAMBER, REPLACING THE PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ), THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION TO SUSPEND THE OPERATION OF THE DECISION OF 6 DECEMBER 1982 DISMISSING THE APPLICANT IS DISMISSED .
2 . COSTS ARE RESERVED .