CELEX: 61981CO0010
Language: en
Date: 1981-02-26 00:00:00
Title: Order of the Court (Second Chamber) of 26 February 1981. # C.J. Farrall v Commission of the European Communities. # Case 10/81 R.

Avis juridique important

|

61981O0010

Order of the Court (Second Chamber) of 26 February 1981.  -  C.J. Farrall v Commission of the European Communities.  -  Case 10/81 R.  

European Court reports 1981 Page 00717

PartiesGroundsOperative part
Parties

IN CASE 10/81 C . J . FARRALL  AGAINST  COMMISSION OF THE EUROPEAN COMMUNITIES   

Grounds

ON 19 JANUARY 1981 MR FARRALL , A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , LODGED , WITHOUT BEING REPRESENTED BY A LAWYER , AN APPLICATION CLAIMING THAT THE COURT SHOULD : 1 . ( 1 ) ANNUL THE DEFENDANT ' S IMPLIED DECISION REJECTING THE APPLICANT ' S COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS ;    ( 2 ) DECLARE THAT THE DEFENDANT HAS INFRINGED ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS ;    ( 3 ) ORDER THE DEFENDANT TO PAY TO THE APPLICANT :    ( A ) DEFAULT INTEREST IN RESPECT OF THE DELAY IN PAYMENT OF THE APPLICANT ' S SEVERANCE GRANT , AMOUNTING TO BFR 632 225 , SUCH     INTEREST TO BE CALCULATED FROM 1 SEPTEMBER 1979 TO 21 JANUARY 1980 AT A RATE COMMENSURATE WITH THE PREVAILING UNITED KINGDOM BANK RATE DURING THAT PERIOD , OR AT SUCH RATE AS THE COURT SHALL DECIDE ;    ( B ) COMPENSATION FOR THE LOSS SUFFERED BY THE APPLICANT THROUGH BEING UNABLE BETWEEN 1 SEPTEMBER 1979 AND 21 JANUARY 1980 TO COMMIT HIMSELF TO THE PURCHASE OF A DWELLING-HOUSE IN THE UNITED KINGDOM , CALCULATED AT BFR 39 450 IN ACCORDANCE WITH A RISE OF 6.24% IN THE UNITED KINGDOM RETAIL PRICE INDEX BETWEEN AUGUST 1979 AND JANUARY 1980 ;    ( C ) INTEREST ON THE AMOUNTS AWARDED AT ( A ) AND ( B ) ABOVE CALCULATED FROM 21 JANUARY 1980 TO THE DATE OF THE COURT ' S ORDER ;    ( D ) EXEMPLARY DAMAGES OF BFR 1 ;   ALTERNATIVELY , MAKE SUCH OTHER OR FURTHER ORDERS AS SEEM EQUITABLE IN ALL THE CIRCUMSTANCES OF THE CASE ;   2 . ORDER THE DEFENDANT TO PAY THE COSTS .   BY A SEPARATE DOCUMENT LODGED ON THE SAME DATE , MR FARRALL MADE , ALSO WITHOUT BEING REPRESENTED BY A LAWYER , AN APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND AN APPLICATION FOR LEGAL AID .   BY A LETTER OF 22 JANUARY 1981 THE REGISTRAR REQUESTED MR FARRALL , IN PURSUANCE OF ARTICLE 38 ( 7 ) OF THE RULES OF PROCEDURE , TO PUT HIS APPLICATIONS IN ORDER BY CAUSING THEM TO BE LODGED BY A LAWYER .   BY A LETTER OF 9 FEBRUARY 1981 MR FARRALL REPLIED THAT IT WAS IMPOSSIBLE FOR HIM TO COMPLY WITH THAT REQUIREMENT .   AS MR FARRALL HAS NOT TAKEN THE OPPORTUNITY TO PUT HIS APPLICATIONS IN ORDER THEY SHOULD BE DECLARED INADMISSIBLE AND REMOVED FROM THE COURT ' S REGISTER .    

Operative part

THE COURT ( SECOND CHAMBER ), COMPOSED OF : P . PESCATORE , PRESIDENT OF CHAMBER , O . DUE AND A . CHLOROS , JUDGES ,   ADVOCATE GENERAL : G . REISCHL  REGISTRAR : A . VAN HOUTTE  HEREBY ORDERS AS FOLLOWS :   1 . THE MAIN APPLICATION , THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND THE APPLICATION FOR LEGAL AID ARE INADMISSIBLE .   2 . THE CASE IS REMOVED FROM THE COURT ' S REGISTER .