JUDGMENT OF 8. 7. 1965 — JOINED CASES 19 AND 65/63 PRAKASH v COMMISSION

In Joined Cases 19 and 65/63

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

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts

1. Removal expenses and installation allowance (Case 19/63, Case 65/63, fifth head of the conclusions)

2. Non-integration (Case 65/63, first to fourth heads of the conclusions)

II — Conclusions of the parties

1. Case 19/63

2. Case 65/63

III — Submissions and arguments of the parties

1. Removel expenses and installation allowance

A — Admissibility of Application 19/63

B — Basis of the applicant's request

2. Non-integration and related matters

A — Application for the decision to be reversed or, alternatively, annulled

1. Submission that the decision was ultra vires

2. Submission based on infringement of essential procedural requirements

(a) Irregularities as to form

(b) Irregularities as to substance

(c) Insufficient reasons given; contradiction tantamount to lack of reasons

(d) Material inaccuracies in the facts alleged

3. Submission based on misuse of powers and misuse of procedure

B — Action for damages

C — Weighting and repatriation expenses

IV— Procedure

Grounds of judgment

I — As to Case 19/63

II — As to Application 65/63

1. As to the admissibility of the application and of certain pleadings

2. As to the substances of the case

A — Non-integration and dismissal

(a) The first submission

(b) The second submission

(c) The third submission

B — Claim for damages

C — Removal expenses from place of origin to place of employment and installation allowance

D — Weighting

E — Offers of proof

III — Costs