Joelle de Lacroix v Court of Justice of the European Communities. [1976] EUECJ C-91/76R (15 October 1976)

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Joelle de Lacroix v Court of Justice of the European Communities. [1976] EUECJ C-91/76R (15 October 1976) URL: https://www.bailii.org/eu/cases/EUECJ/1976/C9176R.html Cite as: [1976] EUECJ C-91/76R [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61976O0091 Order of the President of the First Chamber of 15 October 1976. Joëlle de Lacroix v Court of Justice of the European Communities. Case 91-76 R. European Court reports 1976 Page 01561 IN CASE 91/76 R , JOELLE DE LACROIX , REPRESENTED BY NICOLA CATALANO , ADVOCATE , OF ROME , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , CENTRE LOUVIGNY , APPLICANT , V COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , REPRESENTED BY A . VAN HOUTTE , ACTING AS AGENT , DEFENDANT , 1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE ANY SUSPENSION OF OPERATION IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE . 2 AS TO THE NATURE OF THE MEASURE APPLIED FOR , PROVISIONAL ADMISSION TO THE TESTS IN QUESTION WOULD AMOUNT NOT TO A SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE BUT TO A COMPLETE REVERSAL , EVEN THOUGH ONLY PROVISIONAL , OF SUCH A NATURE AS TO DENUDE THE MAIN ACTION OF ITS PURPOSE . 3 THEREFORE THE COURT HAS JURISDICTION ONLY TO SUSPEND , IF NECESSARY , THE ENGAGEMENT PROCEDURE IN PROGRESS . 4 SUCH A SUSPENSION WOULD INVOLVE SERIOUS DIFFICULTIES FOR THE DEFENDANT , SINCE THE PROCEDURE , AS SET FORTH IN THE DEFENDANT ' S UNDISPUTED STATEMENT , IS AIMED AT TEMPORARILY FILLING AS SOON AS POSSIBLE THREE VACANT POSTS IN A SECTION WHICH COMPRISES EIGHT POSTS IN ALL . 5 FURTHERMORE ANY SUCH SUSPENSION WOULD ALSO INVOLVE SERIOUS INCONVENIENCE FOR THE OTHER CANDIDATES . 6 IN THESE CIRCUMSTANCES , IT IS NECESSARY , UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , TO EXAMINE ' THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE . . . MEASURES ' APPLIED FOR . 7 TO THE EXTENT TO WHICH THEY WERE SET OUT AT THE HEARING , THE GROUNDS ALLEGED RAISE TWO QUESTIONS , FIRST WHETHER ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS APPLIES , IF ONLY BY ANALOGY , TO THE PROCEDURE IN DISPUTE , AND SECONDLY WHETHER THAT PROVISION REQUIRES THAT THE DECISIONS REFERRED TO IN THE FOURTH PARAGRAPH - WHICH THE CONTESTED DECISION MIGHT BE REGARDED AS RESEMBLING - SHOULD BE ACCOMPANIED BY A STATEMENT OF THE REASONS ON WHICH THEY ARE BASED . 8 IN VIEW FIRST OF THE DISADVANTAGES OF A SUSPENSION AND SECONDLY OF THE QUESTIONABLE NATURE OF THE GROUNDS ALLEGED , THERE IS NO CASE FOR SUSPENDING THE PROCEDURE . 9 THEREFORE THE APPLICATION MUST BE DISMISSED . COSTS 10 IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED . ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES BY WAY OF INTERLOCUTORY DECISION , HEREBY ORDERS : 1 . THE APPLICATION IS DISMISSED ; 2 . COSTS ARE RESERVED . © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1976/C9176R.html