JUDGMENT OF 1.7.1964 — CASE 80/63 DEGREEF v COMMISSION

In Case 80/63

THE COURT (Second Chamber) composed of: Ch. L. Hammes, President, R. Rossi (Rapporteur) 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

Admissibility

The substance of the case

A — The request for annulment

1. Infringement of Article 110 of the Staff Regulations

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

3. Infringement of the rights of the defence and of general principles of law

4. Infringement of Article 102 of the Staff Regulations

5. Infringement of the first paragraph of Article 25 of the Staff Regulations in that the reasons upon which the opinion of the Establishment Board was based are not stated

6. Infringement of the principle of equality of treatment between servants

7. The inaccuracy or the incorrect evaluation of the facts upon which the Establishment Board relied

B — The claim for damages

IV — Procedure

Grounds of judgment

A — The naming of the defendants as parties

B — The application for annulment

Admissibility

The 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 Article 102 of the Staff Regulations

Infringement of the last paragraph of Article 25 of the Staff Regulations

Infringement of the rights of the defence and of general legal principles

C — The claim for damages

Costs