JUDGMENT OF 14. 12. 1961—CASE 12/61 GORTER v COUNCIL

In Case 12/61

THE COURT (First Chamber) composed of: O. Riese, President of the First. Chamber, L. Delvaux and N. Catalano (Rapporteur), Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — The causes of the injury

B — The right to compensation

C — Assessment of the injury

IV — Procedure

Grounds of judgment

Costs

I —. Summary of the facts

(a). the experience of the two and a half years of service seemed to show that it was no longer probable that he would be able to adapt to the work of the Secretariat and that in any case it was not possible to give him any guarantee of having the provisions of the Staff Regulations applied to him;

(b). he had no intention of compensating for any alleged loss but was prepared to envisage an administrative arrangement to enable him, as far as this was compatible with the provisions in force, to leave the Secretariat in circumstances to his benefit.

II —. Conclusions of the parties

III —. Submissions and arguments of the parties

A —. The causes of the injury

1. The applicant states that his personal situation had become extremely difficult. In support of this he puts in evidence a number of facts:

2. The applicant states that he was in fact forced to resign. The interview granted to the applicant on 21 March 1961 by the Secretary-General and the initiative which he took with the Netherlands authorities to obtain the reinstatement of the applicant in his national administration led the applicant to conclude that his days as an official of the Communities were numbered.

B —. The right to compensation

1. The applicant argues that he has a right to compensation because:

2. The applicant relies on provisions which in his opinion provide for his right of compensation:

C —. Assessment of the injury

IV —. Procedure

On those grounds, 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 Protocols on the Statute of the Court of Justice of the European Economic Community and of the European Atomic Energy Community; Having regard to Articles 179, 212, 215 and 246(3) of the Treaty establishing the EEC and Articles 152, 186, 188 and 214(3) of the Treaty establishing the EAEC; Having regard to Article 42 of the Staff Regulations of Officials of the ECSC; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, THE COURT (First Chamber) hereby

1 Dismisses Application 12/61;

2 Orders the applicant to bear his own costs while the costs incurred by the defendants are to be borne by them.