THE COURT HEARING THE MAIN ACTION .
8 SINCE THE APPLICATION FOR A STAY OF EXECUTION COMPLIES WITH THE CONDITIONS SET OUT IN ARTICLE 91 ( 4 ) OF THE STAFF REGULATIONS, IT IS ADMISSIBLE .
9 ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT PROVIDES THAT THE SUSPENSION OF OPERATION OF A MEASURE IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
10 THE FIRST PARAGRAPH OF ARTICLE 60 OF THE STAFF REGULATIONS PROVIDES THAT THE PRINCIPAL REASON FOR FORFEITURE OF REMUNERATION IS THE ABSENCE OF AN OFFICIAL WITHOUT AUTHORIZATION UNDER THE REGULATIONS OR FROM THE APPOINTING AUTHORITY .
11 THE APPLICANT JUSTIFIES THE ABSENCES IN QUESTION BY STATING THAT SHE SUFFERED FROM AN INVALIDITY WHICH MADE HER UNFIT TO CARRY OUT THE TYPIST' S DUTIES INVOLVED IN THE POST TO WHICH SHE HAD BEEN ASSIGNED .
12 WHILST AN OFFICIAL IS ENTITLED TO SEEK RECOGNITION THROUGH ADMINISTRATIVE CHANNELS OR IF NECESSARY BEFORE THE COURT OF THE INVALIDITY FROM WHICH HE CLAIMS TO SUFFER, THIS ALLEGED INVALIDITY DOES NOT CONSTITUTE SUFFICIENT GROUNDS FOR ABSENCE FROM WORK, EXCEPT IN CASES WHERE IT IS ACTUALLY IMPOSSIBLE TO ATTEND, WITHOUT THE AGREEMENT OF THE APPOINTING AUTHORITY .
13 THE WAY IN WHICH AN OFFICIAL FULFILS THE DUTIES ASSIGNED TO HIM MAY ON THE OTHER HAND CONSTITUTE EVIDENCE USEFUL TO THE APPOINTING AUTHORITY .
14 THEREFORE, SINCE THE APPLICANT HAS NOT ESTABLISHED THE EXISTENCE OF GROUNDS WHICH PRIMA FACIE JUSTIFY HER APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE THERE ARE NO GROUNDS FOR ORDERING THE SUSPENSION OF OPERATION OF THE MEASURE SUSPENDING PAYMENT OF HER REMUNERATION .
Decision on costs
15 IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .
Operative part
THE PRESIDENT OF THE FIRST CHAMBER, AS AN INTERIM RULING, HEREBY ORDERS :
1 . THE APPLICATION FOR THE SUSPENSION OF OPERATION OF THE MEASURE SUSPENDING PAYMENT OF THE REMUNERATION OF MISS LETIZIA PERINCIOLO UNDER ARTICLE 60 OF THE STAFF REGULATIONS IS DISMISSED;
2 . THE COSTS ARE RESERVED .