61983CO0069_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN CASE 69/83 R
CHARLES LUX, AN OFFICIAL OF THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES, RESIDING AT 17 RUE BERTHOLET, LUXEMBOURG, REPRESENTED BY EDMOND LEBRUN OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE APPLICANT ' S RESIDENCE,
APPLICANT,
V
COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS SECRETARY, JEAN-AIME STOLL, ACTING AS AGENT, ASSISTED BY LUCETTE DEFALQUE OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS SEAT, 29 RUE ALDRINGEN,
DEFENDANT,
Subject of the case
APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE SUSPENDING THE OPERATION OF A DECISION OF THE COURT OF AUDITORS CHANGING THE ALLOCATION OF POSTS AS BETWEEN THE PRESIDENT ' S SECTOR AND THE STAFF AND OPERATIONAL EXPENDITURE SECTOR AND OF A DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS REASSIGNING THE APPLICANT TO THE LATTER SECTOR,
Grounds
11 BY VIRTUE OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE IT IS FOR THE APPLICANT TO ESTABLISH, ON THE ONE HAND, THE CIRCUMSTANCES GIVING RISE TO URGENCY AND, ON THE OTHER HAND, THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
12 IT IS SUFFICIENT TO STATE IN THIS CASE THAT THE APPLICANT HAS NOT SUBMITTED ANY EVIDENCE TO SHOW THE URGENCY OF THE MEASURE APPLIED FOR AND THERE IS NO NEED TO CONSIDER THE SECOND REQUIREMENT REFERRED TO IN THE AFOREMENTIONED PROVISION .
13 IT WOULD APPEAR, IN FACT, FROM THE INFORMATION RECEIVED AT THIS STAGE, THAT AS THE APPLICANT HAS BEEN REASSIGNED TOGETHER WITH HIS POST AND AS BOTH DECISIONS ADOPTED FOR THAT PURPOSE ARE THE SUBJECT OF THE PROCEEDINGS FOR ANNULMENT, IF HE IS SUCCESSFUL IN THOSE PROCEEDINGS HE WILL AUTOMATICALLY REVERT TO THE POSITION AS IT WAS PRIOR TO THE CONTESTED DECISIONS .
14 THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE CONTESTED DECISIONS MUST THEREFORE BE DISMISSED .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE SECOND CHAMBER, REPLACING THE PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ) OF THE RULES OF PROCEDURE,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .
2.THE COSTS ARE RESERVED .