JUDGMENT OF 15.7.1960 — JOINED CASES 27 AND 39/59 ALBERTO CAMPOLONGO v HIGH AUTHORITY

In Cases 27/59 and 39/59

THE COURT (Second Chamber) composed of: R. Rossi, President, A. M. Donner and Ch. L. Hammes (Rapporteur), Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts

II — Conclusions of the parties

1. Case 27/59

2. Case 39/59

III — Submissions and arguments of the parties

A — Case 27/59

1. Admissibility of the application

2. The object of the application

3. The substance of the case

(a) Infringement and misapplication of Article 41 of the Staff Regulations

(b) Infringement of the general principles of law relating to the duration and termination of the contract of employment

B — Case 39/59

1. Infringement of the second and third subparagraphs of Article 41 (A) of the Staff Regulations

2. The other arguments of the application

(a) Infringement of Articles 12, 13, 15 and 62 of the General Staff Regulations of the Community

(b) Infringement of the general principles of law relating to the termination of contracts of employment and payment of the corresponding allowances

(c) Infringement of Articles 29 and 14 of the General Regulations

Grounds of judgment

I — The procedure

II — The application for the annulment of the decision contained in the letter of 7 March 1959 from the President of the High Authority (Case 27/59)

1. Admissibility

(a) The objection that the application is out of time

(b) The purpose of the action

2. The substance of the case

III — The application for the annulment of the decision contained in the letter of 2 July 1959 of the President of the High Authority (Case 39/59)

1. The scope of theapplication and its admissibility

2. The effects of the resignation in respect of the various headings of the application for allowances and grants

3. The consequences of the resignation and the date of its taking effect

IV — Costs