JUDGMENT OF 19.3.64 — CASE 27/63 RAPONI v COMMISSION

In Case 27/63

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes and A. Trabucchi, Presidents of Chambers, L. Delvaux, R. Rossi, R. Lecourt (Rapporteur) and W. Strauß, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

II — Conclusions of the parties

III — Arguments of the parties

As to the identity of the defendant and the admissibility of the application

On the first complaint

On the second complaint

On the third complaint

On the fourth complaint

On the fifth complaint

IV — Procedure

Grounds of judgment

Admissibility

On the first complaint

On the second complaint

On the third complaint

On the fourth complaint

On the fifth complaint

Costs

I —. Facts

II —. Conclusions of the parties

1. Declare null and void the Decision of 13 February 1963 whereby Mr Strasser was appointed Director of Internal Affairs;

2. Order the EEC and, if necessary, the Commission, to bear the whole of the costs of the proceedings;

3. Note that the applicant reserves his right to raise any new submissions of fact or law as shall seem to him appropriate after the other parties have presented their defence and after production by them of any documents.

4. As a subsidiary point

III —. Arguments of the parties

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 Treaty establishing the European Economic Community, especially Articles 173 and 179; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community; Having regard to the Staff Regulations of officials of the European Economic Community, especially Articles 5, 25, 27, 43, 45, 90, 91 and 110; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, especially Article 69, THE COURT hereby:

1 Annuls the Decision of 13 February 1963 of the Commission of the European Economic Community appointing D. Strasser as Director of Internal Affairs within the Directorate-General for Administration;

2 Orders the Commission of the European Economic Community to bear the costs.