JUDGMENT OF 5. 12. 1963 — JOINED CASES 35/62 AND 16/63 LEROY v HIGH AUTHORITY

In Joined Cases 35/62 and 16/63

THE COURT (First Chamber) composed of: A. Trabucchi (Rapporteur), President, L. Delvaux and W. Strauß, Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — On admissibility

Case 35/62

Case 16/63

B — On the substance of the Case

(a) Irregularity of the integration proceedings

(b) Lack of sufficient reasons for the decision

(c) Factual inaccuracy of the reasons given

(d) Misuse of powers

(e) On the request for compensation

IV — Procedure

Grounds of judgment

On admissibility

On the substance of the case

As regards the compliant based on me irregularity of me integration procedure

As regards the lack of sufficient reasons

As regards the factual inaccuracy of the reasons given

On the submission of misuse of powers

On the request for compensation

Costs

I —. Facts

II —. Conclusions of the parties

III —. Submissions and arguments of the parties

A —. On admissibility

B —. On the substance of the Case

(a). Irregularity of the integration proceedings

(b). Lack of sufficient reasons for the decision

(c). Factual inaccuracy of the reasons given

(d). Misuse of powers

(e). On the request for compensation

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 Protocol on the Statute of the Court of Justice of the European Coal and Steel Community; Having regard to the Staff Regulations of the European Coal and Steel Community; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT (First Chamber) hereby:

1 Dismisses Application 35/62 as inadmissible and Application 16/63 as unfounded;

2 Orders the applicant to pay his own costs incurred in Application 35/62 after notification of the decision of the President of the High Authority of 11 October 1962, the remaining costs of the application and the costs incurred by the defendant being borne by that party;

3 orders the applicant to pay the costs of Application 16/63, the costs incurred by the defendant being borne by that party.