JUDGMENT OF 1.7.1964 — CASE 78/63 HUBER v COMMISSION

In Case 78/63

THE COURT (Second Chamber) composed of: Ch. L. Hammes, President (Rapporteur), R. Rossi and R. Lecourt, 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 — Submissions and arguments of the parties

A — Naming the Defendants as parties

B — The Admissibility of the Application

C — On the substance of the Case

(a) Application for annulment

1. Infringement of Article 110 of the Staff Regulations: Absence of general provisions for giving effect to Article 102

2. Infringement of Article 5 (4) of the Staff Regulations: Failure to define the duties and powers attaching to posts

3. Violation of the audi alteram partem principle and of general principles of law

4. Infringement of Article 102 of the Staff Regulations: the improper composition of the Establishment Board

5. Infringement of Article 25 of the Staff Regulations: failure to give a statement of reasons

6. Infringement of the principle of equality of treatment

7. Incorrect finding or appraisal of the facts

(b) Application for damages

IV — Procedure

Grounds of judgment

A — The naming of the defendants as parties

B — Application for annulment

Admissibility

As to substance of the case

Infringement of Article 110 of the Staff Regulations

Infringement of the last sentence of Article 5 of the Staff Regulations

Infringement of the audi alteram partem principle and the general principles of law

Infringement of Article 102 of the Staff Regulations

Infringement of Article 25 of the Staff Regulations

Infringement of the principle of equality of treatment

Incorrect finding or incorrect assessment of the facts

C — Application for damages

Costs

I —. Facts

II —. Conclusions of the parties

1. annul the integration procedure followed with regard to the applicant, together with the opinion of the Establishment Board notified to the applicant by Mr Van Gronsveld's note of 18 June 1963;

2. annul the termination of his contract notified to the applicant by letter of 18 June 1963;

3. rule that the Commission must once again apply the integration procedure to the applicant, after completing the formalities provided for in the last sentence of Article 5 and in Article 110 of the Staff Regulations;

4. order the Community or, alternatively, the Commission, to pay the applicant, by way of damages, the sum of 5000000 (Luxembourg) francs for material damage and 5000000 francs for non-material damage, the applicant reserving the right to increase these figures in the course of the proceedings;

5. order the European Economic Community or, alternatively, the Commission to bear the entire costs of the proceedings, including all expenses and fees whatsoever;

6. take note that the applicant:

1. Order the defendant to produce:

2. order the examination of Mr Smulders, Director-General of Administration, with regard to the integration procedure in general.

III —. Submissions and arguments of the parties

A —. Naming the Defendants as parties

B —. The Admissibility of the Application

C —. On the substance of the Case

(a). Application for annulment

1. Infringement of Article 110 of the Staff Regulations:

2. Infringement of Article 5 (4) of the Staff Regulations:

3. Violation of the audi alteram partem principle and of general principles of law

4. Infringement of Article 102 of the Staff Regulations:

5. Infringement of Article 25 of the Staff Regulations:

6. Infringement of the principle of equality of treatment

7. Incorrect finding or appraisal of the facts

(b). Application for damages

IV —. Procedure

A —. The naming of the defendants as parties

B —. Application for annulment

C —. Application for damages

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 Article 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, 90, 91, 102 and 110; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT (Second Chamber) hereby:

1 Dismisses application 78/63 as unfounded;

2 Orders the parties to bear their own costs.