61973CO0133_EN
Parties
Grounds
Endorsements
Operative part
Parties
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IN CASE 133/73
HERBERT BRUNS, FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, RESIDING IN COLOGNE, LINDESALLEE 84, HAVING AS HIS MANDATAIRE AD LITEM ERNEST ARENDT, AVOCAT, 34B RUE PHILIPPE-II, LUXEMBOURG, IN WHOSE CHAMBERS HE HAS CHOSEN HIS ADDRESS FOR SERVICE, APPLICANT,
V
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER JUERGEN UTERMANN, ACTING AS AGENT, HAVING AN ADDRESS FOR SERVICE AT THE OFFICE OF ITS LEGAL ADVISER PIERRE LAMOUREUX, 4 BOULEVARD ROYAL, LUXEMBOURG, DEFENDANT,
Grounds
IN THE MATTER, AT THE PRESENT STAGE OF THE PROCEEDINGS, OF THE ADMISSIBILITY OF THE APPLICANT'S REQUEST, FIRST, FOR ANNULMENT OF THE DECISION OF THE DEFENDANT OF 19 MARCH 1973 REJECTING HIS COMPLAINT OF 16 OCTOBER 1972 RELATING TO THE REIMBURSEMENT OF THE SEVERANCE GRANT WHICH HAD BEEN PAID TO HIM IN 1969, AND SECONDLY, FOR THE DETERMINATION OF HIS PENSION RIGHTS UNDER ARTICLE 77 OF THE STAFF REGULATIONS .
BY A STATEMENT LODGED ON 21 JUNE 1973 THE DEFENDANT ASKED THE COURT TO DECIDE ON THE ADMISSIBILITY OF THE ACTION WITHOUT CONSIDERING THE SUBSTANCE, TO DISMISS THE ACTION AS INADMISSIBLE AND TO ORDER THE APPLICANT TO PAY THE COSTS .
BY A STATEMENT LODGED ON 21 AUGUST 1973 THE APPLICANT ASKED THE COURT TO DISMISS THE DEFENDANT'S REQUEST THAT A PRELIMINARY DECISION SHOULD BE GIVEN ON THE ADMISSIBILITY OF THE ACTION .
THE ORAL PROCEDURE ON THE OBJECTION TOOK PLACE ON 24 OCTOBER 1973 .
THE ADVOCATE-GENERAL DELIVERED HIS OPINION ON 5 DECEMBER 1973 .
IN THE PRESENT STATE OF THE PROCEEDINGS IT APPEARS DESIRABLE TO DEFER A DECISION ON THE DEFENDANT'S REQUEST UNTIL THE PROCEEDINGS ON THE SUBSTANCE HAVE BEEN CONCLUDED .
Endorsements
HAVING REGARD TO ARTICLES 69 AND 91 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE;
UPON HEARING THE ADVOCATE-GENERAL;
Operative part
THE COURT
COMPOSED OF : A . M . DONNER, PRESIDENT OF CHAMBER, J . MERTENS DE WILMARS AND C . O DALAIGH ( RAPPORTEUR ), JUDGES,
ADVOCATE-GENERAL : G . REISCHL
REGISTRAR : A . VAN HOUTTE
ORDERS :
1 . THE DECISION ON THE OBJECTION RAISED BY THE DEFENDANT IS RESERVED FOR THE FINAL JUDGMENT .
2 . COSTS ARE RESERVED .