JUDGMENT OF 12. 7. 1957 — JOINED CASES 7/56 AND 3 TO 7/57 ALGERA v COMMON ASSEMBLY

In Joined Cases 7/56 and 3 to 7/57

THE COURT composed of: CH. L. Hammes, President of Chamber, acting as President, P. J. S. Serrarens, President of Chamber, O. Riese, J. Rueff and A. Van Kleffens, Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

1. Conclusions of the parties

A — Application for annulment

B — Applications for damages

2. Recital of the facts

3. Submissions made by the parties in the application for annulment

(I) Admissibility of the application

(II) The substance of the case

4. Submission made by the parties in the applications for damages

(I) Arguments put forward by the applicants in their application

(II) Arguments put forward by the Common Assembly in its statement of defence

(III) Arguments put forward by the applicants in their reply

(IV) Arguments put forward by the Common Assembly in its rejoinder

5. Procedure

Law

A — Application for annulment 7/56

I — Admissibility

II — The jurisdiction of the Court

Ill — The revocability of administrative measures giving rise to individual rights

IV — The legality of the orders of 12 December 1955

V — The consequences of the unlawful nature of the part of the orders of 12 December 1955 containing the classification of the applicants

1. Complete nullity or revocability?

2. Does the revocability of the orders of 12 December 1955 extend to the whole of their contents or only to the unlawful part?

VI

VII

VIII — Costs

B — Applications for damages 3 to 7/57

I — Admissibility

II — Substance

1. The legal bases of liability

2. Is the Common Assembly guilty of a wrongful act or omission within the meaning of Article 40 of the Treaty?

3. The damage resulting from the wrongful acts or omissions

A. Material damage

B. Non-material damage

III — Costs