THE SCIENTIFIC OR TECHNICAL SERVICE , COULD BE CONSIDERED FOR THE FILLING OF ADMINISTRATIVE POSTS AT THE INITIAL STAGE WHEN VACANCY NOTICES ARE ISSUED .
Grounds
1 UNDER ARTICLE 185 OF THE EEC TREATY , ACTIONS BROUGHT BEFORE THE COURT OF JUSTICE DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT THE CIRCUMSTANCES SO REQUIRE , ORDER THAT THE OPERATION OF THE CONTESTED DECISION BE SUSPENDED . IT MAY ALSO PRESCRIBE ANY OTHER NECESSARY INTERIM MEASURE .
2 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , SUSPENSION OF THE OPERATION OF A MEASURE AND THE ADOPTION OF A DECISION PRESCRIBING INTERIM MEASURES ARE CONDITIONAL UPON THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH MEASURES .
3 IN NUMEROUS PREVIOUS CASES THE COURT HAS HELD THAT MEASURES OF THAT KIND MAY BE GRANTED BY THE JUDGE RULING ON THE APPLICATION FOR INTERIM RELIEF IF IT IS SHOWN THAT THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THEM ( FUMUS BONI JURIS ); IF THERE IS AN URGENT NEED FOR THEM , IN THE SENSE THAT IT IS NECESSARY , IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE , FOR THEM TO BE ADOPTED AND PRODUCE THEIR EFFECTS BEFORE THE DECISION ON THE APPLICATION FOR ANNULMENT ; AND , FINALLY , IF THEY ARE PROVISIONAL , THAT IS , IF THEY DO NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE AND IF THEY DO NOT ALREADY DECIDE CONTESTED POINTS OF LAW OR OF FACT OR NEUTRALIZE IN ADVANCE THE CONSEQUENCES OF THE DECISION TO BE GIVEN LATER IN THE MAIN PROCEEDINGS .
4 IT IS THEREFORE NECESSARY TO ASCERTAIN , WITHOUT EVEN CONSIDERING THE QUESTIONS REGARDING ADMISSIBILITY , WHETHER THOSE CONDITIONS ARE FULFILLED IN THIS CASE .
5 AS REGARDS THE REQUIREMENT OF FUMUS BONI JURIS , THE APPLICANTS MAINTAIN THAT THE DECISION OF 11 JULY 1984 WAS ADOPTED BY THE COMMISSION IN CONTRAVENTION OF ARTICLE 45 ( 2 ) OF THE STAFF REGULATIONS , WHICH PROVIDES THAT ' ' AN OFFICIAL MAY BE TRANSFERRED FROM ONE SERVICE TO ANOTHER OR PROMOTED FROM ONE CATEGORY TO ANOTHER ONLY ON THE BASIS OF A COMPETITION ' ' , THEREBY PREVENTING TRANSFER OR PROMOTION BY ANY OTHER PROCEDURE AND PRECLUDING A MEASURE SUCH AS THE ONE AT ISSUE .
6 IT MUST BE STATED IN THAT CONNECTION THAT THE APPLICANTS ' COMPLAINT IS PRIMA FACIE A SERIOUS ONE , CASTING GRAVE DOUBT ON THE LEGALITY OF THE CONTESTED DECISION .
7 SINCE THE FIRST CONDITION TO WHICH , IN PRINCIPLE , THE GRANT OF AN ORDER SUSPENDING THE OPERATION OF A DECISION IS SUBJECT IS THUS SATISFIED , THE ALLEGED URGENCY OF THE MATTER MUST NOW BE CONSIDERED AS WELL AS THE QUESTION WHETHER THE SUSPENSION APPLIED FOR IS NECESSARY IN ORDER TO ENSURE THAT THE APPLICANTS DO NOT SUFFER SERIOUS AND IRREPARABLE DAMAGE .