CELEX: 62008FO0052
Language: en
Date: 2008-07-03 00:00:00
Title: Order of the President of the Civil Service Tribunal of 3 July 2008.#Wolfgang Plasa v Commission of the European Communities.#Public service - Application for interim measures.#Case F-52/08 R.

ORDER OF THE PRESIDENT OF THE 
      CIVIL SERVICE TRIBUNAL
      3 July 2008
      Case F-52/08 R
      Wolfgang Plasa
      v
      Commission of the European Communities 
      (Civil service – Application for interim relief – Application for the suspension of operation of a decision to reassign – Urgency – None)
      Application: brought under Articles 242 EC, 243 EC, 157 EA and 158 EA, in which Mr Plasa seeks suspension of the decision of 8 May 2008
         by which the Commission reassigns him to Brussels (Belgium), in the interest of the service, from 1 August 2008.
      
      Held: The application for interim measures is dismissed. Costs are reserved.
      
      Summary
      Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage
      (Art. 242 EC; Rules of Procedure of the Civil Service Tribunal, Art. 102(2))
      The purpose of interim proceedings is not to secure reparation of damage but to guarantee the full effectiveness of the judgment
         on the substance. In order that the latter objective may be attained, the measures sought must be urgent in the sense that,
         in order to avoid serious and irreparable damage to the applicant’s interests, they must be ordered and become effective even
         before the decision in the main proceedings. It is for the party applying for the grant of interim measures to adduce proof
         that it cannot await the outcome of the main action without suffering serious and irreparable damage of that kind.
      
      In that respect, the fact that an official may not have been given an assignment which corresponds to his professional aspirations
         does not cause him damage. Assignments are decided by the appointing authority in the interests of the service, and officials
         do not have a subjective right to be assigned to a particular post. An official is only entitled to a post which corresponds
         to his grade.
      
      (see paras 34-35)
      See:
      C-65/99 P(R) Willeme v Commission [1999] ECR I‑1857, para 62
      
      T-173/99 R Elkaïm and Mazuel v Commission [1999] ECR-SC I‑A‑155 and II‑811, para. 25; T-320/02 R Esch-Leonhardt and Others v ECB [2002] ECR-SC I‑A‑325 and II‑1555, para. 27