61976CO0091_EN
Parties
Grounds
Decision on costs
Operative part
Parties
IN CASE 91/76 R,
JOELLE DE LACROIX, REPRESENTED BY NICOLA CATALANO, ADVOCATE, OF ROME, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, CENTRE LOUVIGNY,
APPLICANT,
V COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES, REPRESENTED BY A . VAN HOUTTE, ACTING AS AGENT,
DEFENDANT,
Grounds
1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE ANY SUSPENSION OF OPERATION IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE .
2 AS TO THE NATURE OF THE MEASURE APPLIED FOR, PROVISIONAL ADMISSION TO THE TESTS IN QUESTION WOULD AMOUNT NOT TO A SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE BUT TO A COMPLETE REVERSAL, EVEN THOUGH ONLY PROVISIONAL, OF SUCH A NATURE AS TO DENUDE THE MAIN ACTION OF ITS PURPOSE .
3 THEREFORE THE COURT HAS JURISDICTION ONLY TO SUSPEND, IF NECESSARY, THE ENGAGEMENT PROCEDURE IN PROGRESS .
4 SUCH A SUSPENSION WOULD INVOLVE SERIOUS DIFFICULTIES FOR THE DEFENDANT, SINCE THE PROCEDURE, AS SET FORTH IN THE DEFENDANT ' S UNDISPUTED STATEMENT, IS AIMED AT TEMPORARILY FILLING AS SOON AS POSSIBLE THREE VACANT POSTS IN A SECTION WHICH COMPRISES EIGHT POSTS IN ALL .
5 FURTHERMORE ANY SUCH SUSPENSION WOULD ALSO INVOLVE SERIOUS INCONVENIENCE FOR THE OTHER CANDIDATES .
6 IN THESE CIRCUMSTANCES, IT IS NECESSARY, UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE, TO EXAMINE ' THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE . . . MEASURES '
APPLIED FOR .
7 TO THE EXTENT TO WHICH THEY WERE SET OUT AT THE HEARING, THE GROUNDS ALLEGED RAISE TWO QUESTIONS, FIRST WHETHER ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS APPLIES, IF ONLY BY ANALOGY, TO THE PROCEDURE IN DISPUTE, AND SECONDLY WHETHER THAT PROVISION REQUIRES THAT THE DECISIONS REFERRED TO IN THE FOURTH PARAGRAPH - WHICH THE CONTESTED DECISION MIGHT BE REGARDED AS RESEMBLING - SHOULD BE ACCOMPANIED BY A STATEMENT OF THE REASONS ON WHICH THEY ARE BASED .
8 IN VIEW FIRST OF THE DISADVANTAGES OF A SUSPENSION AND SECONDLY OF THE QUESTIONABLE NATURE OF THE GROUNDS ALLEGED, THERE IS NO CASE FOR SUSPENDING THE PROCEDURE .
9 THEREFORE THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
10 IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
BY WAY OF INTERLOCUTORY DECISION, HEREBY ORDERS :
1 . THE APPLICATION IS DISMISSED ;
2 . COSTS ARE RESERVED .