MARTINE REICHERTS , 7 COTE D ' EICH ,
APPLICANTS ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GUIDO BERARDIS , A MEMBER OF ITS LEGAL DEPARTMENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , ALSO A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF CERTAIN DECISIONS OF THE HEAD OF THE APPLIED MECHANICS DIVISION OF THE JOINT RESEARCH CENTRE , ISPRA , WHEREBY THE APPLICANTS WERE FORBIDDEN TO HAVE CONTACT IN THE COURSE OF THEIR DUTIES WITH CERTAIN EXTERNAL ASSOCIATES , TO TAKE PART IN A SCIENTIFIC CONFERENCE ORGANIZED BY THE UNIVERSITY OF CAIRO AND TO PRESENT A SCIENTIFIC PAPER AT THAT CONFERENCE , AND ALSO OF AN INTERNAL MEMORANDUM RELIEVING THE APPLICANTS OF THEIR RESPONSIBILITY FOR RESEARCH INTO THE DYNAMIC BEHAVIOUR OF MATERIALS ,
Grounds
1 BY APPLICATION RECEIVED AT THE COURT REGISTRY ON 23 DECEMBER 1982 , CARLO ALBERTINI , AN ENGINEER AND SCIENTIFIC OFFICER IN GRADE A 6 AT THE JOINT RESEARCH CENTRE AT ISPRA , AND MARIO MONTAGNANI , AN ENGINEER AND PRINCIPAL SCIENTIFIC OFFICER IN GRADE A 4 AT THE SAME ESTABLISHMENT , BROUGHT AN ACTION CLAIMING THAT THE COURT SHOULD :
DECLARE THAT THE APPLICANTS ARE ENTITLED TO PRESENT AND PUBLISH , AT A SCIENTIFIC CONFERENCE TO BE HELD AT CAIRO UNIVERSITY ON 27 DECEMBER 1982 , A SCIENTIFIC PAPER ENTITLED ' ' CONSTITUTIVE EQUATIONS OF AUSTENITIC STAINLESS STEEL IN DYNAMICS - EXPERIMENTS AND CALIBRATION PROCEDURE ' ' ( HEREINAFTER REFERRED TO AS ' ' THE PAPER ' ' ), PREPARED IN COLLABORATION WITH TWO RESEARCH WORKERS AT THE UNIVERSITY OF BOLOGNA ;
RECOGNIZE THEIR RIGHT TO MAINTAIN CONTACTS WITH INSTITUTIONS AND RESEARCH WORKERS IN THE COMMUNITY AND NON-MEMBER COUNTRIES ; AND
DECLARE VOID THE INTERNAL MEMORANDUM ISSUED BY THE HEAD OF THE APPLIED MECHANICS DIVISION ON 10 NOVEMBER 1982 RELIEVING THE APPLICANTS OF THEIR RESPONSIBILITY FOR RESEARCH INTO THE DYNAMIC BEHAVIOUR OF MATERIALS AND DEPRIVING THEM OF THE USE OF THE LARGE MACHINE FOR DYNAMIC TESTS .
IN ADDITION , THE APPLICANTS CLAIM THAT THE COMMISSION SHOULD BE ORDERED TO MAKE GOOD THE DAMAGE CAUSED TO THEM BY ITS UNLAWFUL ACTION .
2 IT HAS BECOME APPARENT DURING THE PROCEEDINGS THAT THE ACTION , WHICH WAS BROUGHT UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS , SEEKS IN SUBSTANCE THE ANNULMENT OF THREE SETS OF DECISIONS OR MEASURES TAKEN BY THE APPLICANTS ' SUPERIOR AT THE CENTRE , NAMELY :
( A ) TWO MEMORANDA OF 7 OCTOBER AND 5 NOVEMBER 1982 , SIGNED BY THE HEAD OF THE APPLIED MECHANICS DIVISION , REFUSING THE APPLICANTS PERMISSION TO PUBLISH THE ABOVEMENTIONED PAPER AND TO PARTICIPATE IN THE CAIRO CONFERENCE ;
( B)TWO MEMORANDA FROM THE HEAD OF DIVISION , ONE OF 27 SEPTEMBER 1982 REFUSING TO INVITE A POLISH EXPERT AT THE EXPENSE OF THE CENTRE AND ANOTHER OF 6 OCTOBER 1982 REBUKING THE APPLICANTS FOR INTERFERING