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