Judgment of the Court (First Chamber) of 13 March 1973. - Michel Jamet v Commission of the European Communities. - Case 37-71 Rév.



European Court reports 1973 Page 00295

Greek special edition Page 00495

Portuguese special edition Page 00161



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

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1 . REVISION - DISCOVERY OF A NEW FACT - DESCRIPTION OF ACTIVITIES IN A PERIODIC REPORT -FACTORS ALREADY KNOWN

2 . OFFICIAL - POST - ASSIGNMENT - SCOPE - EFFECT - MODIFICATION BY MENTION IN A PERIODIC REPORT

Summary

1 . IN REVISION PROCEEDINGS, THE DESCRIPTION OF THE APPLICANT' S ACTIVITIES, FROM WHICH IT EMERGES THAT HE EXECUTES CERTAIN DESIGNS AND PROJECTS, IS NOT INCOMPATIBLE WITH THE FINDINGS, WHICH HE ADMITS AND ON WHICH THE JUDGMENT OF WHICH REVISION IS REQUESTED WAS FOUNDED, THAT HIS ACTIVITIES COMPRISED A PART BUT NOT THE WHOLE OF THE FUNCTIONS OF A DESIGNER .

THESE REFERENCES, THEN, CANNOT BE REGARDED AS REVEALING A NEW FACT WHICH IS OF SUCH A NATURE AS TO BE A DECISIVE FACTOR IN THE DISPUTE DECIDED BY THE JUDGMENT OF WHICH REVISION IS REQUESTED .

2 . THE SCOPE AND EFFECT OF THE LEGAL ACT BY WHICH THE APPOINTING AUTHORITY ASSIGNS AN OFFICIAL TO A POST, CANNOT BE MODIFIED BY A REFERENCE IN A PERIODIC REPORT .

Parties

IN CASE 37/71 REV .

MICHAEL JAMET, OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED AND ASSISTED BY HIS COUNSEL, MARCEL GREGOIRE, ADVOCATE OF THE COURT OF APPEAL OF BRUSSELS, 68, RUE CAMILLE LEMONNIER, BRUSSELS, HAVING CHOSEN HIS ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF TONY BIEVER, 83, BOULEVARD GRANDE-DUCHESSE CHARLOTTE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISOR, LOUIS DE LA FONTAINE, ACTING AS AGENT, HAVING CHOSEN ITS ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF EMILE REUTER, LEGAL ADVISOR TO THE COMMISSION, 4, BOULEVARD ROYAL, DEFENDANT,

Subject of the case

IN THE MATTER OF THE REVISION OF THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES OF 28 JUNE 1972 ( CASE 37/71 )

Grounds

1 THE APPLICATION, MADE IN COMPLIANCE WITH THE REQUIRED FORMS AND TIME LIMITS, IS FOR REVISION OF THE JUDGMENT CONCERNING THE SAME PARTIES, DELIVERED BY THE COURT OF JUSTICE ( FIRST CHAMBER ) ON 28 JUNE 1972, WHICH REJECTED THE APPLICANT' S APPLICATION FOR HIS RECLASSIFICATION AS DESIGNER AT THE JOINT RESEARCH CENTRE, ISPRA, AND FOR HIS PROMOTION TO GRADE B 3 .

2 BY THE TERMS OF ARTICLE 41 OF THE PROTOCOL ON THE STATUTE OF THE COURT, ANNEXED TO THE EEC TREATY, ARTICLE 42 OF THE PROTOCOL ON THE STATUTE OF THE COURT ANNEXED TO THE EURATOM TREATY, AND ARTICLE 100 OF THE RULES OF PROCEDURE, THE COURT SHALL FIRST, SITTING IN THE DELIBERATION ROOM AND WITHOUT PREJUDICE TO ITS DECISION ON THE MERITS, GIVE IN THE FORM OF A JUDGMENT ITS DECISION ON THE ADMISSIBILITY OF AN APPLICATION FOR REVISION .

3 BY THESE SAME PROVISIONS, A REQUEST FOR THE REVISION OF A JUDGMENT MAY BE MADE TO THE COURT ONLY ON THE DISCOVERY OF A FACT WHICH IS OF SUCH A NATURE AS TO BE A DECISIVE FACTOR, AND WHICH, WHEN THE JUDGMENT WAS GIVEN, WAS UNKNOWN TO THE COURT AND TO THE PARTY REQUESTING THE REVISION;

4 IN SUPPORT OF HIS REQUEST, THE APPLICANT PRODUCES A PERIODIC REPORT FOR THE PERIOD FROM 1 JULY TO 30 JUNE 1971, PRIOR TO THE PRONOUNCEMENT OF THE JUDGMENT, WHICH WAS COMMUNICATED TO HIM ON 6 OCTOBER 1972 AND THUS WAS UNKNOWN TO HIM AND TO THE COURT AT THE POINT WHEN THE JUDGMENT OF WHICH REVISION IS REQUESTED WAS PRONOUNCED;

5 UNDER THE HEADINGS " TYPE OF EMPLOYMENT " AND " DESCRIPTION OF PRINCIPAL TASKS ASSIGNED AND PERFORMED ", THIS DOCUMENT CONTAINS, RESPECTIVELY : " DESIGNER " AND " ELECTRO-MECHANICAL AND MECHANICAL DESIGN AND PLANNING ";

6 THE APPLICANT CONCLUDES FROM THIS THAT THE POST HE OCCUPIED AT THE TIME UNDER CONSIDERATION, WAS ALWAYS THAT OF DESIGNER AND THAT THE CHIEF TASKS ALLOTTED TO HIM AND CARRIED OUT CORRESPONDED TO THAT POST;

7 THE JUDGMENT OF WHICH REVISION IS REQUESTED IS BASED, INTER ALIA, ON THE FINDING THAT THE APPLICANT CONCEDED THAT HE DID NOT CARRY OUT ALL THE FUNCTIONS OF A DESIGNER .

8 THE CONTENTS OF THE PERIODIC REPORT ARE NOT SUCH AS TO CONTRADICT THIS FINDING .

9 AS TO THE REFERENCE TO " DESIGNER ", THE SCOPE AND EFFECT OF THE LEGAL ACT BY WHICH THE APPOINTING AUTHORITY ASSIGNED THE APPLICANT TO THE POST OF LABORATORY ASSISTANT, CANNOT BE MODIFIED BY A REFERENCE IN A PERIODIC REPORT .

10 FURTHERMORE, THE DESCRIPTION OF THE APPLICANT' S ACTIVITIES, FROM WHICH IT EMERGES THAT HE EXECUTES CERTAIN DESIGNS AND PROJECTS, IS NOT INCOMPATIBLE WITH THE FINDINGS, WHICH HE ADMITS AND ON WHICH THE JUDGMENT IS FOUNDED, THAT HIS FUNCTIONS COMPRISED A PART BUT NOT ALL OF THE FUNCTIONS OF A DESIGNER .

11 THESE REFERENCES, THEN, CANNOT BE REGARDED AS REVEALING A NEW FACT WHICH IS OF SUCH A NATURE AS TO BE A DECISIVE FACTOR IN THE DISPUTE DECIDED BY THE JUDGMENT OF 28 JUNE 1972 .

12 THE REQUEST FOR REVISION IS THEREFORE INADMISSIBLE .

Decision on costs

13 THE PLAINTIFF HAS FAILED IN HIS REQUEST .

14 BY ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS;

15 HOWEVER, BY ARTICLE 70 OF THE SAID RULES, THE INSTITUTIONS SHALL BEAR THEIR OWN COSTS IN THE CASE OF ACTIONS BY OFFICIALS AND SERVANTS OF THE COMMUNITIES .

Operative part

THE COURT ( FIRST CHAMBER )

HEREBY DECIDES :

1 . THE REQUEST FOR REVISION IS DISMISSED AS INADMISSIBLE .

2 . EACH OF THE PARTIES SHALL BEAR HIS OWN COSTS .