61982CO0010_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 10/82 R
SVEN-OLE MOGENSEN, CARL WALTENBURG, LENE OEHRGAARD AND JEAN-LOUIS DELVAUX, OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY JYTTE THORBEK, OF THE COPENHAGEN BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH, 2 RUE GOETHE,
APPLICANTS,
V
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY JOHANNES F . BUHL, ITS LEGAL ADVISER, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANT,
Subject of the case
APPLICATION FOR THE ADOPTION OF INTERIM MEASURES, NAMELY AN INJUNCTION PROHIBITING THE MAKING OF ANY APPOINTMENT TO THE POST OF REVISER DECLARED
VACANT BY NOTICE NO COM/1144/80 UNTIL JUDGMENT IS GIVEN IN THE MAIN ACTION IN WHICH THE APPLICANTS HAVE CHALLENGED THE LAWFULNESS OF THE DECISION OF THE COMMISSION REJECTING THEIR APPLICATIONS FOR THE SAID POST,
Grounds
1 A JUDGE BEFORE WHOM A REQUEST FOR THE ADOPTION OF INTERIM MEASURES IS BROUGHT, HAVING HEARD THE ARGUMENTS SET OUT BY THE PARTIES, MUST RESTRICT THE SCOPE OF HIS CONSIDERATION EXCLUSIVELY TO THE GROUNDS CAPABLE OF ESTABLISHING THE EXISTENCE OF URGENCY .
2 FROM THAT POINT OF VIEW IT MUST BE NOTED FIRST OF ALL THAT THE POST IN DISPUTE HAS ALREADY BEEN FILLED AND THAT, HAVING REGARD TO THE FACTS AT THE PRESENT TIME, THERE IS NO LONGER ANY REASON TO GRANT THE MEASURE REQUESTED .
3 ALTHOUGH THAT FINDING HAS NO EFFECT WHATEVER ON THE JUDGMENT TO BE GIVEN IN THE MAIN ACTION AND ON ANY CONSEQUENCES WHICH IT MAY HAVE, IT IS APPROPRIATE TO TAKE NOTE OF THE FACTUAL SITUATION AND TO DISMISS THIS APPLICATION SINCE IT IS NOW DEVOID OF PURPOSE .
Decision on costs
COSTS
4 IN THESE CIRCUMSTANCES THE COSTS MUST BE RESERVED .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE THIRD CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,
BY WAY OF INTERLOCUTORY DECISION,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .
2.THE COSTS ARE RESERVED .