LASSALLE v PARLIAMENT JUDGMENT OF 4.3.64 — CASE 15/63

In Case 15/63

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes and A. Trabucchi (Rapporteur) Presidents of Chambers, L. Delvaux, R. Rossi, R. Lecourt 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

1. As to the admissibility of the application

2. On the substance of the case

(a) Generally

(b) On the ground of complaint based on Article 45 of the Staff Regulations

(c) On the ground of complaint based on Article 27 of the Staff Regulations

(d) On the ground of complaint based on Article 7 of the Staff Regulations

(e) On the ground of complaint based on Annex III to the Staff Regulations

3. Damages

IV — Procedure

Grounds of judgment

On admissibility

On the substance of the case

Neither has the applicant any right to compensation for the fact of having to remain in his present grade.

Costs

I —. Facts

II —. Conclusions of the parties

III —. Submissions and arguments of the parties

1. As to the admissibility of the application

2. On the substance of the case

(a). Generally

(b). On the ground of complaint based on Article 45 of the Staff Regulations

(c). On the ground of complaint based on Article 27 of the Staff Regulations

(d). On the ground of complaint based on Article 7 of the Staff Regulations

(e). On the ground of complaint based on Annex III to the Staff Regulations

3. Damages

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 Statutes of the Court of Justice annexed to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community; Having regard to Articles 7, 27, 29, 32, 45 and 91 of the Staff Regulations of officials of the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT hereby:

1 Annuls the decision of the Secretariat of the European Parliament of 1 February 1963 headed Notice of Vacancy No 44 at the Directorate-General of the Parliamentary Documentation and Information Division;

2 Dismisses the applicant's request for the award of damages;

3 Orders the European Parliament to pay the costs.