CELEX: 61977CO0114
Language: en
Date: 1978-01-18 00:00:00
Title: Order of the Court (First Chamber) of 18 January 1978. # Claude Jacquemart v Council of the European Communities and Commission of the European Communities. # Severance grant. # Case 114/77.

Avis juridique important

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61977O0114

Order of the Court (First Chamber) of 18 January 1978, sur l'exception d'irrecevabilité soulevée par le Conseil.  -  Claude Jacquemart v Council of the European Communities and Commission of the European Communities.  -  Severance grant.  -  Case 114/77.  

European Court reports 1978 Page 01711

PartiesGroundsOperative part
Parties

IN CASE 114/77 CLAUDE JACQUEMART  V  COUNCIL OF THE EUROPEAN COMMUNITIES AND  COMMISSION OF THE EUROPEAN COMMUNITIES   

Grounds

BY AN APPLICATION OF 22 SEPTEMBER 1977 LODGED AT THE COURT REGISTRY ON THE SAME DATE , THE APPLICANT , IN ACCORDANCE WITH ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , COMMENCED PROCEEDINGS FOR THE ANNULMENT OF A DECISION OF THE COMMISSION OF 12 JULY 1977 AND OF COUNCIL REGULATION ( ECSC , EEC , EURATOM ) NO 3177/76 OF 21 DECEMBER 1976 . THE COUNCIL CONTENDS THAT , AS FAR AS IT IS CONCERNED , THE APPLICATION SHOULD BE DECLARED INADMISSIBLE WITHOUT ANY CONSIDERATION OF THE SUBSTANCE OF THE CASE .   THE FACT THAT THE APPLICANT FIRST OF ALL BY A PERSONAL COMMUNICATION ADDRESSED TO THE COUNCIL AND SUBSEQUENTLY IN HIS APPLICATION DIRECTED AGAINST THE COMMISSION ' S DECISION RELATING TO THE CALCULATION OF HIS SEVERANCE GRANT CALLED IN QUESTION THE VALIDITY OF CERTAIN OF THE PROVISIONS OF COUNCIL REGULATION NO 3177/76 DOES NOT CONFER UPON THE COUNCIL THE ATTRIBUTES OF AN APPOINTING AUTHORITY WITHIN THE MEANING OF ARTICLE 91 ( 2 ) OF THE SAID STAFF REGULATIONS .   ON THE OTHER HAND , SINCE REGULATION NO 3177/76 IS NEITHER A DECISION ADDRESSED TO THE APPLICANT NOR A DECISION WHICH , ALTHOUGH IN THE FORM OF A REGULATION , IS OF DIRECT AND INDIVIDUAL CONCERN TO HIM , THE APPLICATION IS ALSO INADMISSIBLE IN SO FAR AS IT IS BASED ON ARTICLE 173 OF THE TREATY .   FINALLY , AND IN ANY EVENT , EVEN IF THE LETTER SENT BY THE APPLICANT TO THE PRESIDENT OF THE COUNCIL ON 25 FEBRUARY 1977 IN ORDER TO HAVE REGULATION ( EEC ) NO 3177/76 AMENDED OR TO HAVE ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS INTERPRETED BY THE COMMISSION TO HIS SATISFACTION COULD BE REGARDED AS A COMPLAINT WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS , THE ACTION DIRECTED AGAINST THE REASONED REPLY OF THE COUNCIL OF 15 MARCH 1977 IS INADMISSIBLE BECAUSE IT IS OUT OF TIME UNDER ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS .    

Operative part

ON THOSE GROUNDS , HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE ,   UPON HEARING THE OPINION OF THE ADVOCATE GENERAL ,   THE COURT ( FIRST CHAMBER )   HEREBY ORDERS AS FOLLOWS :