JUDGMENT OF 8. 7. 1965 — CASE 68/63 LUHLEICH v COMMISSION

In Case 68/63

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 — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

1. Application for the decision of dismissal to be reversed or, alternatively, annulled

A — Submission that the decision was ultra vires

B — Submission based on infringement of essential procedural requirements

(a) Irregularities as to form

(b) Irregularities of substance

(c) Insufficient and contradictory nature of the reasons given

(d) Material inaccuracies in the facts alleged

C — Submission based on misuse of powers and abuse of procedure

2. Application for damages

3. Weighting; reimbursement of personal expenses

IV — Procedure

Grounds of judgment

I — On the submission that the decision of dismissal be reversed or, alternatively, annulled

1. On the submissions based on the irregularity of the procedure

A — The delay in preparing the probation report and the failure of the Establishment Board to hear Mr Gillot

B — The defendant's failure to make available to the Establishment Board the report of the Consolo Committee

C — The contradiction between the establishment report and the opinion of the Establishment Board

2. The submissions based on the inaccuracy of the facts alleged against the applicant

A — The note of 29 August 1961 addressed to Mr Marchetti by certain research workers

B — The question of the chromatograph

C — The applicant's relations with Mr Laurent, his first superior

D — The applicant's delay in carrying out work on the determination of certain physical constants

B — The defendant's failure to make available to the Establishment Board the report of the Consolo Committee

II — The submissions that the rejection of the applicant's complaint be reversed or, alternatively, annulled

III — On the claim for damages

IV — The claim for repayment of the sum deducted from the weighting

V — The claim for repayment of the sum paid by the applicant out of his personal funds

VI — Costs