61980CO0129_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 129/80 R
MARIETTE TURNER, NEE KRECKE, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, RESIDING IN BRUSSELS 1050, REPRESENTED BY GEORGES VANDERSANDEN OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF NICO EDON, ADVOCATE, 2 RUE GOETHE,
APPLICANT,
V
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY JEAN-PIERRE DELAHOUSSE, PRINCIPAL LEGAL ADVISER, ACTING AS AGENT, ASSISTED BY DANIEL JACOB OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER, MARIO CERVINO, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANT,
Subject of the case
APPLICATION FOR THE ADOPTION OF INTERIM MEASURES TO SUSPEND THE OPERATION OF A DECISION IMPOSING A COMPULSORY TRANSFER,
Grounds
1 EXAMINATION OF THE ARGUMENTS PUT FORWARD BY THE PARTIES SHOWS THAT IT WILL BE ADVISABLE, FOR THE PURPOSES OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES, THAT CONSIDERATION SHOULD BE RESTRICTED TO THOSE GROUNDS ON THE BASIS OF WHICH IT WILL BE POSSIBLE TO DECIDE WHETHER THERE IS URGENCY AND WHETHER IMMEDIATE IMPLEMENTATION OF THE DISPUTED DECISION IS CAPABLE OF HAVING CONSEQUENCES WHICH WILL BE IRREVERSIBLE BEFORE A DECISION CAN BE MADE ON THE SUBSTANCE OF THE CASE .
2 FROM THIS POINT OF VIEW IT SHOULD BE OBSERVED, FIRST, THAT THE APPLICANT ' S TRANSFER DOES NOT ENTAIL EITHER A DOWNGRADING OR A REDUCTION IN SALARY FOR HER, AND SHE DOES NOT RELY ON DAMAGE OF THAT KIND IN ORDER TO OBTAIN THE SUSPENSION OF OPERATION WHICH HAS BEEN REQUESTED .
3 WHAT THE APPLICANT DOES RELY ON, HOWEVER, IS THE IRREPARABLE HARM WHICH SHE CLAIMS SHE WILL SUFFER IF IT IS MADE IMPOSSIBLE, EVEN TEMPORARILY, FOR HER TO PRACTISE MEDICINE . IT IS NOT DISPUTED, HOWEVER, THAT THE APPLICANT PRACTISED MEDICINE AT THE COMMISSION - IN THE WAY IN WHICH SHE USES THE TERM, THAT IS TO SAY, APPARENTLY, HAVING RESPONSIBILITIES CONNECTED WITH THE TREATMENT OF PATIENTS OR PERSONAL EXAMINATION OF INDIVIDUALS - ONLY AFTER SHE HAD BEEN ENGAGED TO OCCUPY AN ADMINISTRATIVE POST OF HER OWN FREE WILL, AS IS SHOWN BY HER CONTRACT OF EMPLOYMENT OF 22 DECEMBER 1965 AND THE DECISION TO ESTABLISH HER DATED 1 AUGUST 1968 . WITHOUT PREJUDICE TO ANY INFLUENCE THOSE FACTS MAY HAVE AS FAR AS THE DECISION TO BE TAKEN BY THE COURT REGARDING THE SUBSTANCE OF THE CASE IS CONCERNED, IN THE CONTEXT OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IT MUST BE CONCLUDED THEREFROM THAT THE ASSIGNMENT TO DUTIES WHICH DO NOT INCLUDE DIRECT MEDICAL PRACTICE IS NOT CAPABLE OF CAUSING IRREPARABLE HARM TO MRS TURNER PENDING THE OUTCOME OF THE LITIGATION IN WHICH SHE IS ENGAGED WITH THE COMMISSION .
4 THE FACT THAT SHE HAS BEEN TEMPORARILY ASKED TO CARRY OUT DUTIES COMPARABLE TO THOSE WHICH SHE HAD PREVIOUSLY APPLIED TO PERFORM DOES NOT, MOREOVER, AMOUNT TO A DISCIPLINARY MEASURE AND DOES NOT IN ANY WAY CALL MRS TURNER ' S REPUTATION IN QUESTION ; NO EVIDENCE HAS BEEN PUT FORWARD IN SUPPORT OF SUCH ALLEGATIONS .
5 THE FACT THAT SHE HAS TO USE ENGLISH IN HER NEW DUTIES WOULD NOT APPEAR NECESSARILY TO OCCASION ANY PARTICULAR EMBARRASSMENT TO MRS TURNER IN VIEW OF THE FACT THAT SHE HERSELF POINTED OUT IN AN EARLIER PERIODIC REPORT THAT SHE WAS USING THAT LANGUAGE IN HER PREVIOUS WORK .
6 THE REMAINING ARGUMENTS WHICH HAVE BEEN SUBMITTED RELATE TO THE SUBSTANCE OF THE CASE AND CANNOT BE TAKEN INTO CONSIDERATION ON THE HEARING OF AN APPLICATION FOR THE ADOPTION OF INTERIM MEASURES ; IT IS ACCORDINGLY NECESSARY TO FIND THAT THERE IS NO QUESTION OF IRREPARABLE HARM AND THAT THERE IS NO NEED FOR THE ADOPTION OF INTERIM MEASURES AS A MATTER OF URGENCY .
7 THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES MUST THEREFORE BE DISMISSED .
Decision on costs
8 IN THE CIRCUMSTANCES COSTS MUST BE RESERVED .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,
BY WAY OF AN INTERLOCUTORY DECISION,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .
2.COSTS ARE RESERVED .