ORDER TO DECIDE THE APPLICATION FOR AN INTERIM MEASURE , THE COURT DID NOT FEEL IT WAS NECESSARY TO UNDERTAKE ANY PREPARATORY INQUIRY OR TO GIVE THE PARTIES THE OPPORTUNITY TO PRESENT ORAL ARGUMENT .
DECISION
10 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE THE APPLICANT HAS TO ESTABLISH , FIRST , THE CIRCUMSTANCES GIVING RISE TO URGENCY AND , SECONDLY , THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURE APPLIED FOR .
11 IT IS NOT NECESSARY TO CONSIDER THE SECOND CONDITION CONTAINED IN THAT PROVISION AS IT IS SUFFICIENT TO POINT OUT THAT THE APPLICANT HAS NOT ADDUCED ANY EVIDENCE TO INDICATE THAT THE MEASURE SOUGHT IS REQUIRED AS A MATTER OF URGENCY .
12 IT APPEARS IN FACT FROM THE INFORMATION WHICH HAS BEEN PROVIDED SO FAR THAT WITHIN THE NEW DEPARTMENT TO WHICH HE HAS BEEN TRANSFERRED FOLLOWING THE REORGANIZATION OF DIRECTORATE-GENERAL VII THE APPLICANT WILL BE ABLE TO CARRY OUT THE DUTIES CORRESPONDING TO HIS GRADE AND THAT NOTHING HAS HAPPENED TO HIM WHICH COULD BE REVERSED WERE HIS APPLICATION TO BE GRANTED .
13 THE APPLICATION TO SUSPEND THE CONTESTED DECISION SHOULD THEREFORE BE DISMISSED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE SECOND CHAMBER , TAKING THE PLACE OF THE PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ) OF THE RULES OF PROCEDURE ,
HEREBY ORDERS :
1 . THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE IS DISMISSED .
2 . THE COSTS ARE RESERVED .