JUDGMENT OF 7.7.1964 — CASE 97/63 DE PASCALE v COMMISSION

In Case 97/63

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 — Summary of facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

On admissibility

On the substance

1. Infringement of Articles 43, 45 and 110 of the Staff Regulations

2. Infringement of the last part of Article 5 of the Regulations

3. Lack of reasons given in the decision to promote Mr Pandolfelli to Grade A3

4. Failure to publish the contested decision

5. Mistaken evaluation of several factors

6. Misuse of powers in that the applicant was prevented in an illegal manner from temporarily occupying the post of Head of Division 2 (Eighth submission in the application)

7. Infringement of Articles 2 and 11 of the Internal Regulations of the Commission

IV — Procedure

Grounds of judgment

A — The naming of the Community as a party

Admissibility

Substance

Infringement of Articles 43, 45 and 110 of the Staff Regulations

Costs