CELEX: 61999TO0107
Language: en
Date: 1999-06-21 00:00:00
Title: Order of the Court of First Instance (First Chamber) of 21 June 1999. # Maria Soledad Garcia Retortillo v Council of the European Union. # Application for interim measures - Decision 1999/307/EC - Incorporation of the Schengen secretariat into the General Secretariat of the Council - Admissibility of the main action - Urgency. # Case T-107/99 R.

Avis juridique important

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61999B0107

Order of the Court of First Instance (First Chamber) of 21 June 1999.  -  Maria Soledad Garcia Retortillo v Council of the European Union.  -  Application for interim measures - Decision 1999/307/EC - Incorporation of the Schengen secretariat into the General Secretariat of the Council - Admissibility of the main action - Urgency.  -  Case T-107/99 R.  

European Court reports 1999 Page II-01939  Page IA-00107  Page II-00591

Summary
Keywords

1 Applications for interim measures - Conditions for admissibility - Consideration of the admissibility of the main application - Inappropriate - Limits (EC Treaty, Arts 185 and 186 (now Arts 242 EC and 243 EC); Rules of Procedure of the Court of First Instance, Art. 104(2)) 2 Officials - Actions - Right of action - Persons claiming the status of official or servant other than local staff - A person not explicitly mentioned in a decision permitting the appointment of officials by way of derogation from the Staff Regulations (EC Treaty, Art. 179 (now Art. 236 EC); Staff Regulations, Arts 90 and 91) 3 Applications for interim measures - Suspension of operation of a measure - Interim relief - Conditions for granting - Serious and irreparable damage - Burden of proof (EC Treaty, Arts 185 and 186 (now Arts 242 EC and 243 EC); Rules of Procedure of the Court of First Instance, Art. 104(1) and (2)) 

Summary

1 The question of the admissibility of the main action must not as a matter of principle be examined in  proceedings for interim relief, but must be reserved for the examination of the main action, except where it appears to be prima facie manifestly inadmissible.  To determine admissibility at the interlocutory stage where an application is not prima facie entirely inadmissible would be tantamount to prejudging the decision of the Court of First Instance on the main action. 2 Article 179 of the Treaty (now Article 236 EC), which confers on the Community judicature jurisdiction in any dispute between the Community and its servants within the limits and under the conditions laid down in the Staff Regulations or the Conditions of Employment, must be construed as applying exclusively to persons who have the status of official or of servant other than local staff and to persons claiming that status.  Articles 90 and 91 of the Staff Regulations, concerning appeals, apply not only to those who are officials but also to candidates for a post or in an open competition. When, by way of derogation from the Staff Regulations, a Council decision permits the appointing authority to appoint as probationer officials a specific category of persons, a person who does not come within that category cannot be deemed a candidate for a post with the Communities. 3 The urgent nature of an application for interim measures must be assessed in relation to the need for an interim decision in order to prevent serious and irreparable harm to the interests of the party applying for the interim measure. It is for that party to prove that it cannot await the outcome of the main proceedings without suffering injury involving serious and irreparable consequences.