CELEX: C1997/054/16
Language: en
Date: 1997-02-22 00:00:00
Title: ORDER OF THE COURT of 5 December 1996 in Joined Cases C-174/96 P and C-175/96 P Orlando Lopes v. Court of Justice of the European Communities

22 . 2 . 97             EN |                   Official Journal of the European Communities                                 No C 54/9
                  ORDER OF THE COURT                                      the Order was suspended with effect from 19 October
                         ( Fourth Chamber )                               1983 , he was authorized to conduct proceedings in his
                                                                          own name by decision of 23 February 1996 .
                      of 28 November 1996
in Case C- 11 9/96 P Susan Ryan-Sheridan v. European                      By orders of 5 December 1996 the Court ( Fifth Chamber )
Foundation for the Improvement of Living and Working                      ordered as follows :
                            Conditions (')
                                                                          1 . The appeals of Mr Orlando Lopes are inadmissible.
(Appeal — Officials — Employees of the European
Foundation for the Improvement of Living and Working
                                                                          2 . The cases shall he removed from the register of the
Conditions — Recruitment procedure — Rejection of an
                                                                               Court of Justice.
                         internal candidate)
                             ( 97/C 54/ 15 )                              (') ECR-SC 1996 II , p . 185 and p . 239 .
                (Language of the case: French)
  (Provisional translation; the definitive translation will he
          published in the European Court Reports)
                                                                          Appeal brought on 5 December 1996 by J. Antonissen
                                                                          against the order of the President of the Court of First
In Case C-l 19/96 P: Susan Ryan-Sheridan, an employee of                  Instance of the European Communities of 29 November
the European Foundation for the Improvement of Living                     1996 in Case T-l 79/96 R between, on the one hand, J.
and Working Conditions, represented by Marc-Albert                        Antonissen and, on the other hand, the Council of the
Lucas , of the Liege Bar, with an address for service in                  European Union and the Commission of the European
Luxembourg at the Chambers of Evelyne Korn , 21 Rue de                                               Communities
Nassau , — appeal against the judgment of the Court of
                                                                                               ( Case C-393 /96 P1R1 )
First Instance (Third Chamber ) of 15 February 1996 in
Case T-589/93 Ryan-Sheridan v. European Foundation for                                               ( 97/C 54/ 17 )
the Improvement of Living and Working Conditions
[ 1996 ] ECR-SC 11-0000 , seeking to have that judgment set               An appeal against the order of the President of the Court
aside, the other party to the proceedings being European                  of First Instance of the European Communities of
Foundation for the Improvement of Living and Working                      29 November 1996 in Case T-l 79/96 R between , on the
Conditions ( Agents : Clive Purkiss, Terry Sheehan and                    one hand, J. Antonissen and , on the other hand, the
Denis     Waelbroeck ),        the  Court    ( Fourth    Chamber ),       Council of the European Union and the Commission of
composed of: J. L. Murray, President of the Chamber,                      the European Communities was brought before the Court
P. J. G. Kapteyn ( Rapporteur ) and H. Ragnemalm , Judges;                of Justice of the European Communities on 5 December
C. O. Lenz, Advocate-General; R. Grass, Registrar, made                   1996 by J. Antonissen, represented by PL . H. Pijnacker
an order on 28 November 1996 , the operative part of                      Hordijk, of the Amsterdam Bar, and M. T. P. J. van Oers,
which is as follows :
                                                                          of the Hague Bar, with an address for service in
                                                                          Luxembourg at the Chambers of L. Frieden, 62 Avenue
1 . The appeal is dismissed.                                              Guillaume .
2 . The appellant is ordered to pay the costs.                            The appellant claims that the Court should :
(') OJ No C 158 , 1 . 6 . 1996 .                                          — set aside the order of the President of the Court of
                                                                               First Instance of 29 November 1996 in Case T-179/
                                                                               96 R,
                                                                          — refer the case back to ( the President of) the Court of
                                                                               First Instance for judgment, and
                  ORDER OF THE COURT
                       of 5 December 1996
                                                                          — order the Council and the Commission to pay the
                                                                               costs .
in Joined Cases C-174/96 P and C-175/96 P Orlando
   Lopes v. Court of Justice of the European Communities                  Pleas in law and main arguments adduced in support:
                             ( 97/C 54/ 16 )
                                                                          — Breach of Article 186 of the EC Treaty and of the
                                                                               obligation to state reasons in that the President ruled,
Appeals against the judgments delivered on 29 February                         on incomprehensible and incorrect grounds, that the
1996 by the Court of First Instance of the European                            interim measures sought in part corresponded exactly
Communities in Cases T-547/93 and T-280/94 Lopes v.                            to the relief sought in the main application and in part
Court of Justice brought on 6 May 1996 ('), signed only                        amounted to a claim for payment in advance of
by Mr Orlando Lopes, accompanied by a certificate of the                       compensation for future and uncertain damage, and
General Council of the Order of Advocates of Portugal,                         thus did not constitute interim measures within the
according to which , although his entry in the register of                     meaning of Article 186 of the EC Treaty,