CONSIDERATIONS RELATING TO THE COMPOSITION OF THE STAFF OF THE COMMUNITIES ON A MAINLY GEOGRAPHICAL BASIS .
43 THE COMPLAINTS THAT THERE WAS NO CONSIDERATION OF COMPARATIVE MERITS AND THAT ARTICLES 7 AND 27 OF THE STAFF REGULATIONS WERE INFRINGED OR AT LEAST WRONGLY APPLIED THEREFORE APPEAR TO BE WELL FOUNDED . THE DECISIONS OF 20 MARCH AND 26 JUNE 1968 MUST THEREFORE BE ANNULLED .
44 IT IS THEREFORE UNNECESSARY TO EXAMINE THE APPLICANT'S OTHER COMPLAINTS AGAINST THE CONTESTED DECISIONS .
B - THE REMAINDER OF THE CLAIM
45 THE APPLICANT ASKS THE COURT TO DECLARE THAT HE SHALL CONTINUE TO BE ENTITLED TO RECEIVE HIS SALARY AND ENJOY ALL THE BENEFITS ATTACHING TO HIS POST .
46 DURING THE ORAL PROCEDURE THE APPLICANT CLAIMED IN THE ALTERNATIVE AN AWARD OF DAMAGES SHOULD HIS RE-INSTATEMENT MEET WITH INSUPERABLE OBSTACLES .
47 UNDER ARTICLE 19 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY AND ARTICLE 38 OF THE RULES OF PROCEDURE THE SUBJECT-MATTER OF THE DISPUTE AND THE FORM OF ORDER SOUGHT MUST BE CONTAINED IN THE APPLICATION AND THIS EXCLUDES THE ADDITION OF NEW CLAIMS DURING THE PROCEEDINGS .
48 THE CLAIM FOR DAMAGES MADE FOR THE FIRST TIME DURING THE ORAL PROCEDURE MUST THEREFORE BE CONSIDERED AS OUT OF TIME AND CONSEQUENTLY INADMISSIBLE .
49 MOREOVER IT IS FOR THE COMMISSION BY VIRTUE OF ARTICLE 176 OF THE TREATY TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE JUDGMENT OF THE COURT OF JUSTICE .
50 IT IS THEREFORE UNNECESSARY TO DECIDE UPON THE CLAIM FOR A DECLARATION OR UPON THE CLAIM FOR DAMAGES .
Decision on costs
51 UNDER ARTICLE 69(2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
52 AS THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS IT MUST THEREFORE BE ORDERED TO PAY THE COSTS .
Operative part
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION AS INADMISSIBLE TO THE EXTENT TO WHICH IT SEEKS THE ANNULMENT OF THE DECISION OF 30 MAY 1968;
2 . ANNULS THE DECISION OF 20 MARCH 1968 ASSIGNING THE APPLICANT TO THE POST OF PRINCIPAL ADVISER AND THE DECISION OF 26 JUNE 1968 TERMINATING HIS SERVICE;
3 . DECLARES THAT IT IS UNNECESSARY TO DECIDE UPON THE REMAINDER OF THE CLAIM;
4 . ORDERS THE COMMISSION OF THE EUROPEAN COMMUNITIES TO PAY THE COSTS .