Carlo Albertini and Mario Montagnani v Joint Nuclear Research Centre and Commission of the European Communities. [1982] EUECJ C-338/82R (23 December 1982)

Carlo Albertini and Mario Montagnani v Joint Nuclear Research Centre and Commission of the European Communities. [1982] EUECJ C-338/82R (23 December 1982)

Applicants failed to establish a prima facie case for suspension because they acted without required authorization and created the prejudicial situation themselves, incompatible with their duties as scientific officers.

Citation
[1982] EUECJ C-338/82R
Parties
Applicant: Carlo Albertini; Applicant: Mario Montagnani; Defendant: Joint Nuclear Research Centre, Ispra; Defendant: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
23 December 1982
Procedural Posture
Application for Interim Measures / Order on Suspension of Operation
Outcome
application for suspension dismissed
Legal Topics
Interim Measures, Staff Regulations, Scientific Research, Authorization for External Collaboration
Administrative Law Employment Law EU Law Interim Measures Staff Regulations Scientific Research Authorization for External Collaboration

Case Brief

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Parties

Carlo Albertini

Applicant

Mario Montagnani

Applicant

Joint Nuclear Research Centre, Ispra

Defendant

Commission of the European Communities

Defendant

Procedural Posture

Application for Interim Measures / Order on Suspension of Operation

Legal Issues

  1. 1 Whether the applicants are entitled to suspension of decisions restricting their professional activities pending final determination
  2. 2 Whether urgency and prima facie case for interim relief are established

Ratio Decidendi

Applicants failed to establish a prima facie case for suspension because they acted without required authorization and created the prejudicial situation themselves, incompatible with their duties as scientific officers.

Court Disposition

application for suspension dismissed

Orders

  • Application to suspend operation of decisions of 7 October and 5 November 1982 is dismissed.
  • Decision on other claims is reserved.