JUDGMENT OF 15.7.1960 — JOINED CASES 43, 45 AND 48/59 LACHMÜLLER v COMMISSION

In Joined Cases 43/59 and 48/59 brought respectively by

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

gives the following

JUDGMENT

Issues of fact and of law

I — Conclusions of the parties

II — Facts

III — Submissions and arguments of the parties

Submission based on infringement of the rules of law applicable to the conditions of employment of the applicants.

Submission based on misuse of powers in respect of the applicants

Submission based on infringement of essential procedural requirements because of the absence of a statement of reasons.

Wrongful act committed by the defendant

Submission based on infringement of the rules of Belgian law concerning the terms of contracts of service under private law

IV — Procedure

Grounds of Judgment

Jurisdiction of the Court

Legal nature of the contracts of employment

Existence of a right to security of tenure

Statement of reasons for the decisions of dismissal

Period of notice granted by the Commission

Costs

I —. Conclusions of the parties

1. compensation equal to two years' emoluments;

2. compensation of FB 300000 (three hundred thousand);

II —. Facts

III —. Submissions and arguments of the parties

IV —. Procedure

Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the parties; Upon hearing the opinion of the Advocate-General; Having regard to the first paragraph of Article 173, Articles 178,179,181,183,189,190, 210, 212, 215, and 246 (3) of the Treaty establishing the EEC; Having regard to the Protocol on the Statute of the Court of Justice of the EEC; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT hereby:

1 Orders the Commission of the EEC to pay the sum of FB 60000 to each. of the applicants;

2 Awards the applicants two thirds of their costs against the defendant, and orders the latter to bear its own costs;

3 Orders the applicants in Cases 43/59 and 45/59 to bear their own costs in the proceedings for interim measures.