Renato Albini v Council and Commission of the European Communities. [1980] EUECJ C-33/80R (22 May 1980)

[ 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) >> Renato Albini v Council and Commission of the European Communities. [1980] EUECJ C-33/80R (22 May 1980) URL: https://www.bailii.org/eu/cases/EUECJ/1980/C3380R.html Cite as: [1980] EUECJ C-33/80R [ 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. 61980O0033 Order of the President of the First Chamber of the Court of 22 May 1980. Renato Albini v Council and Commission of the European Communities. Case 33/80 R. European Court reports 1980 Page 01671 IN CASE 33/80 R RENATO ALBINI , A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES AND NINE OTHER FORMER OFFICIALS OF THE COMMISSION , REPRESENTED AND ASSISTED BY RAIMONDO MARINI-CLARELLI , OF THE ROME BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF VICTOR BIEL , ADVOCATE , 18 A RUE DES GLACIS , APPLICANTS , V COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOHN CARBERY , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF DOUGLAS FONTEIN , DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , 2 PLACE DE METZ , COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOSEPH GRIESMAR , AND BY ORESTE MONTALTO , A MEMBER OF THE LEGAL DEPARTMENT , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG , DEFENDANTS , APPLICATION FOR THE ADOPTION OF INTERIM MEASURES ORDERING THE DEFENDANTS TO DESIST FORTHWITH FROM APPLYING IN THE CASE OF THE APPLICANTS COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978 , PP . 6 AND 8 ) AMENDING THE STAFF REGULATIONS OF OFFICIALS WITH PARTICULAR REFERENCE TO THE MONETARY PARITIES TO BE USED IN THE PAYMENT IN PARTICULAR OF REMUNERATION AND PENSIONS RESPECTIVELY , AND CONSEQUENTLY ADJUSTING THE WEIGHTINGS APPLICABLE TO SUCH MONETARY ENTITLEMENTS , 1 THE APPLICANTS ASK THE COURT TO ORDER THAT THE APPLICATION OF COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978 , PP . 6 AND 8 ) BE SUSPENDED IN REGARD TO THEM . 2 THESE REGULATIONS , WHICH ADJUST THE MONETARY PARITIES TO BE USED IN THE CALCULATION OF REMUNERATION AND PENSIONS OF OFFICIALS AS WELL AS THE WEIGHTINGS APPLIED TO THEM , IS CLAIMED TO CAUSE A REDUCTION OF MORE THAN 50% IN THE AMOUNTS PAID TO THE APPLICANTS AS PENSIONS , THUS CAUSING THEM SERIOUS FINANCIAL DAMAGE . 3 ARTICLE 83 OF THE RULES OF PROCEDURE OF THE COURT PROVIDES THAT : - ' ' AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY AN INSTITUTION . . . SHALL BE ADMISSIBLE ONLY IF THE APPLICANT IS CHALLENGING THAT MEASURE IN PROCEEDINGS BEFORE THE COURT . ' ' THAT CONDITION IS FULFILLED IN THE CASE OF THE APPLICANTS . - AN APPLICATION OF THIS KIND IS REQUIRED TO ' ' STATE THE SUBJECT-MATTER OF THE DISPUTE , THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR ' ' . 4 IN NUMEROUS PREVIOUS CASES THE COURT HAS HELD THAT AN APPLICANT SEEKING THE ADOPTION OF INTERIM MEASURES MUST BE IN SUCH A POSITION AS TO BE LIKELY TO SUFFER IRREPARABLE DAMAGE . 5 THE APPLICATION BY THE APPLICANTS DOES NOT SHOW THAT THEY ARE SUFFERING DAMAGE WHICH CANNOT BE MADE GOOD BY THE DEFINITIVE JUDGMENT . IF THE APPLICANTS SUCCEED THEY WILL BE ENTITLED TO THE DIFFERENCE BETWEEN THE NET AMOUNTS RESULTING FROM THE APPLICATION OF REGULATIONS NOS 3085/78 AND 3086/78 AND THE PENSIONS PAYABLE BEFORE THOSE REGULATIONS CAME INTO FORCE . 6 IF , ON THE OTHER HAND , THE APPLICANTS ARE NOT SUCCESSFUL AND A SUSPENSION OF THE OPERATION OF REGULATIONS NOS 3085/78 AND 3086/78 HAS IN THE MEANTIME BEEN ORDERED , THE COMMISSION WOULD BE EMPOWERED UNDER ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS TO RECOVER THE SUMS OVERPAID . THIS SITUATION MIGHT ALSO ENTAIL FINANCIAL DIFFICULTIES FOR THE APPLICANTS . 7 CONSEQUENTLY THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES MUST BE DISMISSED . 8 IT IS APPROPRIATE , AT THIS STAGE , TO RESERVE COSTS . ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , AS AN INTERLOCUTORY DECISION , HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED . 2 . THE 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/1980/C3380R.html