DECISION ON THE SUBSTANCE OF THE CASE AND DO NOT DECIDE CONTESTED POINTS OF LAW OR OF FACT AT THAT STAGE OR NEUTRALIZE IN ADVANCE THE EFFECTS OF THE DECISION SUBSEQUENTLY TO BE GIVEN ON THE SUBSTANCE OF THE CASE .
4 AS THE COURT HAS CONSISTENTLY HELD, MEASURES OF THIS KIND MAY BE GRANTED BY THE JUDGE HEARING THE APPLICATION FOR INTERIM RELIEF WHERE THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA-FACIE CASE FOR THEIR ADOPTION AND THEY ARE URGENT IN THE SENSE THAT IT IS NECESSARY FOR THEM TO BE ADOPTED AND TAKE EFFECT BEFORE THE DECISION OF THE COURT ON THE APPLICATION FOR ANNULMENT IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE .
5 IT MUST BE DETERMINED WHETHER THE TWO CONDITIONS SET OUT ABOVE ARE FULFILLED IN THIS CASE .
6 THE DECISION WHOSE OPERATION THE APPLICANT SEEKS TO HAVE SUSPENDED COMPRISES PRIMARILY A MEASURE SUSPENDING HIM FROM HIS DUTIES AND SECONDARILY A MEASURE WITHHOLDING 50% OF HIS BASIC SALARY .
7 THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE CONTESTED DECISION IS DIRECTED AT BOTH THOSE ASPECTS .
8 HOWEVER, IN SO FAR AS THE PRIMARY ASPECT IS CONCERNED, THAT IS TO SAY THE MEASURE SUSPENDING THE APPLICANT FROM HIS DUTIES, HE HAS PUT FORWARD NO GROUNDS OF URGENCY . CONSEQUENTLY, THE APPLICATION MUST BE DISMISSED IN SO FAR AS THAT MEASURE IS CONCERNED .
9 WITH REGARD TO THE SECONDARY MEASURE WITHHOLDING 50% OF THE APPLICANT' S BASIC SALARY, IT MUST BE DETERMINED WHETHER THE CONDITIONS FOR THE SUSPENSION OF ITS OPERATION ARE MET .
10 WITH REGARD TO THE CONDITION OF A PRIMA-FACIE CASE, THE APPLICANT SUBMITS INTER ALIA THAT THE WITHHOLDING OF 50% OF HIS BASIC SALARY, THAT IS TO SAY THE GREATEST PORTION WHICH MAY BE WITHHELD UNDER ARTICLE 88 OF THE STAFF REGULATIONS, IS CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY IF DUE ACCOUNT IS TAKEN FIRST OF ALL OF HIS ALLEGED MISCONDUCT AND SECONDLY OF THE EFFECTS WHICH THE WITHHOLDING OF THAT PORTION OF HIS BASIC SALARY MAY HAVE FOR HIS FAMILY SITUATION . THE APPLICANT POINTS OUT IN THAT REGARD THAT ( A ) HIS SON IS STUDYING IN THE UNITED STATES AND THE LOSS OF HALF OF HIS BASIC SALARY MIGHT RESULT IN THE INTERRUPTION OF THE NECESSARY FINANCES; ( B ) HIS WIFE' S HEALTH REQUIRES COSTLY MEDICAL TREATMENT FOR WHICH SHE PLANS TO TRAVEL TO THE UNITED STATES, AND THE WITHHOLDING OF 50% OF HIS BASIC SALARY MIGHT PREVENT HER FROM DOING SO; ( C ) HE HIMSELF IS IN BAD HEALTH, SO THAT WHEN HE WROTE AND DISTRIBUTED THE TWO STATEMENTS HIS RESPONSIBILITY WAS CONSIDERABLY DIMINISHED OR EVEN NON-EXISTENT . IN THAT REGARD HE ASKS THE COURT TO ORDER THAT HE BE EXAMINED BY A MEDICAL EXPERT .
11 IN THE LIGHT OF THOSE ALLEGATIONS AND OF THE REQUEST FOR A MEDICAL EXAMINATION OF THE APPLICANT IT MAY BE CONCLUDED, WITHOUT PREJUDICE TO THE DECISION IN THE MAIN PROCEEDINGS AND WITHOUT GOING