ddrg/super_eurlex huggingface dataset:
Order of the President of the Court of 31 July 1980. - Rosina Jacobucci v Commission of the European Communities. - Case 163/80 R.



European Court reports 1980 Page 02661



Parties

Subject of the case

Grounds

Operative part



Parties

IN CASE 163/80 R

ROSINA JACOBUCCI , AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EMPLOYED AT THE INFORMATION OFFICE , ROME , REPRESENTED BY BLANCHE MOUTRIER , OF THE LUXEMBOURG BAR , RESIDING AT 11A AVENUE DE LA PORTE-NEUVE , LUXEMBOURG ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JORN PIPKORN , A MEMBER OF ITS LEGAL DEPARTMENT , 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 ,

DEFENDANT ,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF A DECISION BY WHICH THE COMMISSION ORDERED THE APPLICANT TO BE TRANSFERRED FROM THE ROME OFFICE TO THE BRUSSELS HEADQUARTERS ,

Grounds

1 BY AN APPLICATION OF 11 JULY 1980 THE APPLICANT SOUGHT THE ANNULMENT OF THE DECISION TAKEN ON 19 MAY 1980 BY THE HEAD OF THE MANAGEMENT AND ORGANIZATION , ESTABLISHMENT DIVISION TO REASSIGN THE APPLICANT AND HER POST TO THE BRUSSELS HEADQUARTERS WITH EFFECT FROM 1 JANUARY 1981 .

2 BY AN APPLICATION OF THE SAME DATE MADE PURSUANT TO ARTICLE 83 OF THE RULES OF PROCEDURE THE APPLICANT ASKED THE COURT , AS AN INTERIM MEASURE , TO SUSPEND THE OPERATION OF THE DECISION IN QUESTION .

3 IN ITS WRITTEN OBSERVATIONS THE COMMISSION HAS STATED THAT , FOR THE REASONS SET OUT BY THE APPLICANT IN HER APPLICATION , BY A DECISION OF 18 JULY 1980 IT HAS DECIDED TO POSTPONE THE DECISION OF 19 MAY 1980 TO REASSIGN THE APPLICANT IN ORDER TO ASSESS THE SITUATION AFRESH . THE COMMISSION THINKS THAT IN THOSE CIRCUMSTANCES IT IS UNNECESSARY FOR THE COURT TO ADJUDICATE UPON THE APPLICATION AT THE PRESENT TIME AND THAT THE CASE SHOULD BE POSTPONED SINE DIE .

4 AT THE HEARING OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES THE APPLICANT STATED THAT IN THOSE CIRCUMSTANCES SHE WOULD WITHDRAW HER APPLICATION FOR INTERIM MEASURES . THE COMMISSION STATED THAT IT HAD NO OBSERVATIONS TO MAKE IN REGARD TO THAT WITHDRAWAL .

5 THIS SITUATION MAY BE DEALT WITH PURSUANT TO THE SPECIAL RULES RELATING TO THE PROCEDURE FOR THE ADOPTION OF INTERIM MEASURES ; THE WITHDRAWAL BY THE APPLICANT OF HER APPLICATION IS ACCORDINGLY NOTED , THE QUESTION OF COSTS BEING RESERVED UNTIL THE DECISION ON THE MAIN APPPLICATION , WHICH REMAINS PENDING .

Operative part

ON THOSE GROUNDS ,

THE JUDGE ACTING AS PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ), THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE ,

AS AN INTERLOCUTORY DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . CASE 163/80 R SHALL BE REMOVED FROM THE COURT REGISTER .

2 . COSTS ARE RESERVED UNTIL A DECISION IS GIVEN IN CASE 163/80 .
Keywords



Keywords

PROCEDURE - INTERVENTION - INTEREST IN INTERVENING - NONE

( STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 37 )
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF THE ENFORCEMENT OF A DECISION INVOLVING A PECUNIARY PENALTY - CONDITIONS FOR THE GRANT

( EEC TREATY , ART . 185 AND THE FOURTH PARAGRAPH OF ART . 192 ; RULES OF PROCEDURE , ARTS 83 ( 2 ) AND 89 )
Keywords

Summary



Keywords

PROCEEDINGS ON APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS GOVERNING GRANT - PROVISION OF A SECURITY - REQUIREMENT TO PROVIDE A BANK GUARANTEE NOT MAKING IT POSSIBLE TO ESCAPE THE DAMAGE WHICH WOULD RESULT FROM THE OPERATION OF THE DECISION - GRANT OF SUSPENSION JUSTIFIED

( ECSC TREATY , ART . 39 , RULES OF PROCEDURE , ART . 86 ( 2 ))

Summary

THE CONDITIONS REQUIRED FOR THE SUSPENSION OF THE OPERATION OF A COMMISSION DECISION IMPOSING A FINE ON A STEEL UNDERTAKING ARE PRESENT AND IT IS UNNECESSARY TO MAKE SUCH SUSPENSION CONDITIONAL ON THE PRIOR PROVISION OF A SECURITY WHERE THERE ARE SERIOUS REASONS FOR TAKING THE VIEW THAT THE REQUIREMENT TO PROVIDE A BANK GUARANTEE IN ORDER TO OBTAIN A SUSPENSION OF THE OPERATION OF THE DECISION WOULD NOT PERMIT THE APPLICANT TO ESCAPE THE DAMAGE WHICH WOULD RESULT FROM THE OPERATION OF THE CONTESTED DECISION PENDING JUDGMENT IN THE MAIN PROCEEDINGS , AND IN PARTICULAR WHERE THE APPLICANT UNDERTAKING , BECAUSE OF ITS SMALL SIZE , MAY FIND DIFFICULTIES IN OBTAINING THE NECESSARY CREDIT AND WHERE , HAVE REGARD TO THE FACT THAT IT OPERATES EXCLUSIVELY AS A SUBCONTRACTOR , THE AMOUNT OF THE FINE , CALCULATED AT A FLAT RATE PER TONNE , MAY REPRESENT A HEAVIER BURDEN FOR IT THAN FOR AN UNDERTAKING WHICH REALIZES ON ITS OWN BEHALF ALL THE ADDED VALUE OF THE PRODUCTION CONCERNED .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF THE OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS FOR GRANTING - LODGING OF A SECURITY

( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 86 ( 2 ))
ORDER OF THE FIRST CHAMBER OF THE COURT

10 JULY 1984 ( 1 )

GAARM — Groupement des Associations Agricoles pour l'Organisation de la Production et de la Commercialisation des Pommes de Terre et Légumes de la Région Malouine and Others

v

Commission of the European Communities

Case 289/83

Procedure — Application incomplete — Request to put it in order — Not complied with — Application inadmissible

(Rules of Procedure, Art. 38 (7))

( 1 ) Language of the Case: French.
ORDER OF THE PRESIDENT OF THE COURT

20 APRIL 1983 ( 1 )

Metalgoi SpA

v

Commission of the European Communities

Case 10/83 R

Application for the adoption of interim measures — Suspension of operation — Suspension of operation of a decision imposing afine — Conditions governing the grant of interim measures — Form of a guarantee

(ECSC Treaty, Art. 39, second para.)

( 1 ) Language of the Case: Italian.
Order of the Court (Second Chamber) of 17 November 1983. - Pelagios Stavridis v European Parliament. - Case 73/83.



European Court reports 1983 Page 03803



Parties

Grounds

Operative part



Parties

IN CASE 73/83

PELAGIOS STAVRIDIS

V

EUROPEAN PARLIAMENT

Grounds

BY DOCUMENT REGISTERED AT THE COURT REGISTRY ON 28 APRIL 1983 MR STAVRIDIS BROUGHT AN ACTION , WITHOUT DOING SO THROUGH A LAWYER , AGAINST THE EUROPEAN PARLIAMENT RELATING TO THE CONDUCT OF OPEN COMPETITION PE/74/LA FOR THE RECRUITMENT OF TRANSLATORS OF GREEK MOTHER TONGUE .

BY LETTER OF 18 MAY 1983 THE REGISTRAR REQUESTED MR STAVRIDIS PURSUANT TO ARTICLE 38 ( 7 ) OF THE RULES OF PROCEDURE TO PUT HIS APPLICATION IN ORDER BEFORE 11 JUNE 1983 BY CAUSING IT TO BE SUBMITTED BY A LAWYER .

AS MR STAVRIDIS DID NOT TAKE THE OPPORTUNITY OF PUTTING HIS APPLICATION IN ORDER WITHIN THE PERIOD PRESCRIBED , HIS APPLICATION MUST BE DECLARED INADMISSIBLE AND REMOVED FROM THE REGISTER OF THE COURT .

Operative part

THE COURT ( SECOND CHAMBER )

COMPOSED OF : K . BAHLMANN , PRESIDENT OF CHAMBER , P . PESCATORE AND O . DUE , JUDGES ,

ADVOCATE GENERAL : G . F . MANCINI

REGISTRAR : P . HEIM

MAKES THE FOLLOWING

ORDER

1 . THE APPLICATION IS INADMISSIBLE ;

2 . THE CASE SHALL BE REMOVED FROM THE REGISTER OF THE COURT .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING THE GRANT OF SUCH A MEASURE - MAIN PROCEEDINGS BROUGHT OUT OF TIME

( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
Keywords

Summary



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING THE GRANT OF SUCH A MEASURE

( RULES OF PROCEDURE , ART . 83 ( 2 ))

Summary

AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY THE INSTITUTIONS WILL ONLY BE GRANTED IF THE FACTUAL AND LEGAL GROUNDS RELIED ON ESTABLISH A PRIMA FACIE CASE FOR THE MEASURES BEING SOUGHT . MOREOVER , THERE MUST BE AN URGENT NEED FOR THE MEASURES IN THE SENSE THAT IT MUST BE NECESSARY THAT THEY BE ADOPTED AND TAKE EFFECT BEFORE JUDGMENT IS DELIVERED ON THE SUBSTANCE OF THE CASE IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THEIR ADOPTION . FINALLY , SUCH MEASURES MUST BE PROVISIONAL , THAT IS TO SAY , THEY MUST NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE .
Keywords

Summary



Keywords

ACTION FOR ANNULMENT - REVOCATION OF CONTESTED MEASURE - ACTION DEVOID OF PURPOSE DESPITE THE POSSIBILITY OF A SUBSEQUENT ACTION FOR DAMAGES - DECISION UNNECESSARY

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

Summary

THE REVOCATION OF THE CONTESTED MEASURE IS THE OUTCOME DESIRED BY THE APPLICANT AND THEREFORE RENDERS AN ACTION FOR ANNULMENT DEVOID OF PURPOSE DESPITE THE POSSIBILITY OF A SUBSEQUENT ACTION FOR DAMAGES ; ACCORDINGLY IT IS UNNECESSARY FOR THE COURT TO GIVE A DECISION .
Keywords

Summary



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A MEASURE - INTERIM MEASURES - CONDITIONS FOR GRANTING

( EEC TREATY , ARTS 185 AND 186 )

Summary

SUSPENSION OF THE OPERATION OF A MEASURE AND OTHER INTERIM MEASURES MAY BE GRANTED ONLY IF IT IS SHOWN THAT THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THEM ; IF THEY ARE URGENT , IN THE SENSE THAT IT IS NECESSARY , IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THEM , FOR THEM TO BE ADOPTED AND PRODUCE THEIR EFFECTS BEFORE THE DECISION OF THE COURT ON THE SUBSTANCE OF THE CASE ; AND , FINALLY , IF THEY ARE PROVISIONAL , THAT IS , IF THEY ARE WITHOUT PREJUDICE TO THE DECISION ON THE SUBSTANCE OF THE CASE .
Keywords

Summary



Keywords

1 . ACTION FOR A DECLARATION OF NULLITY - ACTS OF THE EUROPEAN PARLIAMENT - ACTION BROUGHT BY A NATURAL OR LEGAL PERSON UNDER ARTICLE 38 OF THE ECSC TREATY - INADMISSIBILITY

( ECSC TREATY , ART . 38 )

2 . ACTION FOR A DECLARATION OF NULLITY - ARTICLE 173 OF THE EEC TREATY - NATURAL OR LEGAL PERSONS - ACTS OF THE EUROPEAN PARLIAMENT - ADMISSIBILITY - CONDITIONS - LEGAL EFFECTS VIS-A-VIS THIRD PARTIES

( EEC TREATY , ART . 173 )

Summary

1 . NATURAL OR LEGAL PERSONS DO NOT HAVE THE RIGHT TO CONTEST AN ACT OF THE EUROPEAN PARLIAMENT UNDER ARTICLE 38 OF THE ECSC TREATY .

2 . NATURAL OR LEGAL PERSONS MAY IN PRINCIPLE BRING AN ACTION FOR A DECLARATION OF NULLITY UNDER ARTICLE 173 OF THE EEC TREATY AGAINST ACTS OF THE EUROPEAN PARLIAMENT WHICH ARE INTENDED TO PRODUCE LEGAL EFFECTS VIS-A-VIS THIRD PARTIES . A DECISION DECLARING ADMISSIBLE A MOTION FOR THE SETTING UP OF A COMMITTEE OF INQUIRY IN ACCORDANCE WITH RULE 95 OF THE PARLIAMENT ' S RULES OF PROCEDURE DOES NOT , HOWEVER , CONSTITUTE SUCH AN ACT . SUCH COMMITTEES HAVE ONLY INVESTIGATIVE POWERS AND , CONSEQUENTLY , THE ACTS RELATING TO THEIR SETTING UP CONCERN ONLY THE INTERNAL ORGANIZATION OF THE PARLIAMENT ' S WORK .
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING

( RULES OF PROCEDURE , ART . 83 ( 2 ))
Keywords



Keywords

++++

1 . APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - INTERIM MEASURES - CONDITIONS FOR GRANTING

( EEC TREATY, ART . 186; RULES OF PROCEDURE, ART . 83 ( 2 ) )

2 . PROCEDURE - APPLICATION FOR MEASURES OF INQUIRY - PROCEDURE FOR THE ADOPTION OF INTERIM MEASURES INAPPROPRIATE

( RULES OF PROCEDURE, ARTS 45, 83 ( 2 ) AND 91 )
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - SERIOUS AND IRREPARABLE DAMAGE

( EEC TREATY , ART . 185 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
Keywords

Summary



Keywords

++++

ANNULMENT OF MEASURES - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION IMPOSING ANTI-DUMPING DUTIES - SOLE IMPORTER

( EEC TREATY, ART . 173, SECOND PARAGRAPH; COUNCIL REGULATION NO*2176/84, ART . 2 ( 8 ); COMMISSION REGULATION NO 3019/86 )

Summary

AN EXCLUSIVE IMPORTER IN A MEMBER STATE OF PRODUCTS COVERED BY ANTI-DUMPING DUTIES WHO IS NOT ASSOCIATED WITH THE EXPORTER AND WHOSE RESALE PRICES WERE NOT TAKEN INTO ACCOUNT IN THE CALCULATION OF THE DUMPING MARGIN DOES NOT BELONG TO THE CATEGORY OF TRADERS HAVING A RIGHT TO CHALLENGE THE REGULATION IMPOSING ANTI-DUMPING DUTIES DIRECTLY BEFORE THE COURT BY MEANS OF AN ACTION FOR ANNULMENT, EVEN IF THE IMPORTER PARTICIPATED IN THE SUCCESSIVE STAGES OF THE INVESTIGATION WHICH PRECEDED THE ADOPTION OF THE REGULATION .
Keywords



Keywords

++++

APPLICATION FOR INTERIM MEASURES - INTERIM MEASURES - CONDITIONS FOR GRANTING - PRIMA FACIE CASE - SERIOUS AND IRREPARABLE DAMAGE - WEIGHING UP ALL THE INTERESTS AT STAKE

( EEC TREATY, ART . 186; RULES OF PROCEDURE, ART . 83 ( 2 )*)
Keywords



Keywords

++++

APPLICATION FOR INTERIM MEASURES - INTERIM MEASURES - CONDITIONS FOR GRANTING - SERIOUS AND IRREPARABLE DAMAGE

( EEC TREATY, ART . 186; RULES OF PROCEDURE ART . 83*(2 )*)
Keywords



Keywords

++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF A PROCEDURE - CONDITIONS FOR GRANTING - IRREPARABLE DAMAGE

( RULES OF PROCEDURE, ART . 83*(2 )*)
Keywords

Summary



Keywords

++++

Officials - Action - Act adversely affecting servant - Member of the auxiliary staff claiming the status of a member of the temporary staff - Initial contract of employment

( Staff Regulations of Officials, Arts 90 ( 2 ) and 91 )

Summary

In the case of a member of the auxiliary staff who claims the status of a member of the temporary staff on the ground that his recruitment as a member of the auxiliary staff constituted an infringement of the Conditions of Employment of Other Servants, the act adversely affecting him is the initial contract of employment where this is not amended, in particular on the occasion of its extension .
Keywords



Keywords

++++

Application for interim measures - Interim measures - Conditions for granting - Prima-facie case - Weighing up all the interests involved

( EEC Treaty, Art . 186; Rules of Procedure, Art . 83 ( 2 ) )
Keywords



Keywords

++++

Application for interim measures - Suspension of the operation of a decision - Conditions for granting - Serious and irreparable damage to the applicant

( EEC Treaty, Art . 185; Rules of Procedure, Art . 83 ( 2 ) )
Keywords

Summary



Keywords

++++

Action for annulment - Measures in respect of which proceedings may be brought - Definition - Measures with binding legal effects - Opinion sent by the Commission to national agencies responsible for implementing Community legislation under a common organization of agricultural markets

( EEC Treaty, Art . 173 )

Summary

In order to ascertain whether measures challenged in an action for annulment are acts within the meaning of Article 173 of the Treaty it is necessary to look to their substance .

Only measures producing binding legal effects of such a kind as to affect the applicant' s interests by clearly altering his legal position constitute acts or decisions open to challenge by an application for annulment .

That cannot be said of an opinion expressed by the Commission on the interpretation to be given to legislative provisions concerning an aid scheme for an agricultural product covered by a common organization of the market where the application of the Community legislation in the sector concerned is a matter for the national agencies appointed for that purpose and no provision of the regulation in question confers on the Commission power to adopt decisions on its interpretation, so that the Commission merely has the possibility, which is always open to it, of expressing an opinion which is not binding on the national authorities .
Order of the President of the Court of 17 March 1989. - Italian Republic v Commission of the European Communities. - State aid - Recovery. - Case 303/88 R.



European Court reports 1989 Page 00801

Pub.RJ Page Pub somm



Parties

Operative part



Keywords

++++

Interim measures - Suspension of operation - Conditions - Serious and irreparable damage suffered by the applicant

( EEC Treaty, Art . 185; Rules of Procedure, Art . 83(2 ) )

According to settled case-law, the urgency of an application for the suspension of operation of a measure is to be assessed in relation to the necessity for an order granting provisional suspension in order to avoid serious and irreparable damage being suffered by the party seeking it and it is for that party to produce evidence that he cannot wait until the end of the main proceedings without personally suffering damage which would have serious and irreparable consequences for him .

Those conditions are not fulfilled in a case in which a Member State which is seeking the suspension of operation of a Commission decision adopted on the basis of the first subparagraph of Article 93(2 ) of the Treaty requiring it to recover aid from the undertakings which received it . Even if it is supposed that the initiation of a recovery procedure could endanger the existence of the said undertakings, the damage caused would be to the undertakings themselves and not to the applicant Member State and, secondly, if the Member State wished to raise the issue of damage to its national economy in general, it would have to show, which it has not done, how the disappearance of undertakings representing together 2.5% of national production in their sector could give rise to such damage .

Furthermore, even if the undertakings were relying on a risk of damage specific to themselves, they would have to show that that risk resulted from the recovery measures actually taken by the State authorities pursuant to the Commission decision and that the remedies available under national law against such measures did not enable them to avoid such damage .

Parties

In Case 303/88 R

Italian Republic, represented by Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs in the Ministry of Foreign Affairs, assisted by Ivo M . Braguglia, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 15 rue Marie Adélaïde,

applicant,

v

Commission of the European Communities, represented by its Legal Adviser, Antonino Abate, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for the suspension of the operation of the Commission' s decision of 26 July 1988 on aid granted by the Italian Government to ENI-Lanerossi,

the President,

by way of interim decision,

( the grounds of the order are not reproduced )

hereby orders as follows :

Operative part

( 1 ) The application for the adoption of interim measures is dismissed .

( 2 ) Costs are reserved .
Case C-104/89 DEP





J.M. Mulder and Others

v

Council of the European Union and

Commission of the European Communities







«(Taxation of costs)»

Order of the Court (Third Chamber), 6 January 2004

Summary of the Order

1.. Procedure – Costs – Taxation – Recoverable costs – Factors to be taken into consideration – Lawyers' fees relating to negotiations between the parties following an interlocutory judgment – Whether included – Conditions

(Rules of Procedure of the Court of Justice, Arts 73(b) and 74)

2.. Procedure – Costs – Taxation – Recoverable costs – Involvement of many lawyers – Whether included – Conditions – Lawyers' fees relating to coordination of the proceedings in joint cases – Excluded

(Rules of Procedure of the Court of Justice, Art. 73(b))

3.. Procedure – Costs – Taxation – Recoverable costs – External advisors' expenses – Whether included – Conditions

(Rules of Procedure of the Court of Justice, Art. 73(b))

4.. Procedure – Costs – Taxation – Recoverable costs – Default or compensatory interest – Adjustment of nominal expenses in line with inflation – Excluded

(Rules of Procedure of Court of Justice, Art. 73(b))

1.

2.

3.

4.
Order of the President of the First Chamber of the Court of 19 May 1989. - Luis G. Caturla Poch v European Parliament. - Officials - Interim measures. - Case C-107/89 R.



European Court reports 1989 Page 01357

Pub.RJ Page Pub somm



Summary

Parties

Operative part



Keywords

++++

Application for interim measures - Conditions for granting - Applicant' s interest in obtaining the measure sought

( Rules of Procedure, Act . 83(2 ) )

Summary

An applicant can establish no interest in obtaining, by means of an application for interim relief, the suspension of the announcement of the results of the marking of qualifications and written tests in an examination in which he has taken part, in order to enable the Selection Board to take account of the certificates which he had in vain requested the appointing authority to draw up, where it is established that he succeeded in the stage of the competition involving the marking of qualifications but failed at a later stage, namely that of the oral examination .

Parties

In Case 107/89 R

Luis G . Caturla-Poch, official of the European Parliament, represent by B . Moutrier, avocat-avoué, whose Chambers are at 16 avenue de la Porte-Neuve, Luxembourg, with an address for service at the said Chambers,

applicant,

v

European Parliament, represented by Pasetti Bombardella, jurisconsult, and by M Peter, Head of Division in its Legal Department, acting as Agents, with an address for service in Luxembourg at its General Secretariat,

defendant,

APPLICATION for the suspension, by way of interim relief, of the announcement of the results of the marking of qualifications and written tests in Open Competition 88/C 114/06, on the basis of qualifications and written tests, organized by the European Parliament with a view to filling a post of Language Adviser - Spanish language ( Official Journal C 114, 30.4.1988, p . 19 ),

The President of the First Chamber,

acting pursuant to Articles 9(4 ) and 96 of the Rules of Procedure,

( the grounds of the order are not reproduced )

hereby orders :

Operative part

( 1 ) The application for interim measures is dismissed .

( 2 ) The costs are reserved .
Keywords



Keywords

++++

EAEC - Safety monitoring - Sanctions imposed on undertakings - Placing under administration - Suspensory effect of appeals to the Court - Examination by the Court of an application for immediate enforcement

( EAEC Treaty, Art . 83(2 ), second paragraph )
Keywords

Summary



Keywords

++++

Application for interim measures - Conditions of admissibility - Main application dismissed as inadmissible

( EEC Treaty, Arts 185 and 186; Rules of Procedure, Art . 83(1 ) )

Summary

The dismissal, on grounds of inadmissibility, of the main application to which an application for interim measures relates renders the latter itself inadmissible .
Keywords

Summary



Keywords

++++

Procedure - Revision of a judgment - Conditions for the admissibility of the application - New fact - Application concerning a judgment of the Court, given on appeal, ruling exclusively on questions of law and referring the case back to the Court of First Instance - Inadmissibility

(Statute of the Court of Justice of the EEC, Art. 41)

Summary

An application for revision of a judgment of the Court of Justice allowing an appeal against a judgment of the Court of First Instance on the ground that that court has infringed Community law and referring the case back to the Court of First Instance for a decision on the substance of the case is inadmissible. In such a judgment the Court of Justice rules only on questions of law and not on the facts as found by the Court of First Instance. It follows that such a judgment cannot be the subject of an application for revision based on the alleged existence of a new fact.