JUDGMENT OF 9.6.1964 — JOINED CASES 94 AND 96/63 BERNUSSET v COMMISSION

In Joined Cases 94 and 96/63

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

Case 94/63

Case 96/63

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — As to the admissibility of the applications and the naming of the defendants as parties

B — As to the substance

Submissions common to both applications

1. Infringement of Article 110: Absence of general measures for giving effect to Article 45

2. Infringement of Article 5(4): Absence of any description of the duties and powers attaching to the posts

3. Infringement of Article 45 (1): Absence of criteria for promotion laid down in advance

4. Infringement of the first paragraph of Article 25: Absence of a statement of reasons

5. Infringement of Article 45 (1) : Absence of inadequacy of consideration of comparative merits of candidates

Submissions relating to the individual applications

Case 94/63

1. Infringement of the second paragraph of Article 25: Failure to publish the contested decision

2. Infringement of the rules on the written procedure

Case 96/63

1. Misuse of powers by infringement of Article 45 in conjunction with Article 108

2. Misuse of powers by infringement of Article 45

IV — Procedure

Grounds of judgment

A — As to naming the defendants as parties and as to the admissibility of the applications

B — As to the substance

As to the submissions common to both applications

1. As to the first submission

2. As to the second submission

3. As to the third submission

4. As to the fourth submission

5. On the fifth submission

Costs