JUDGMENT OF 16.12.1964 — JOINED CASES 109/63 AND 13/64 MULLER V COMMISSION

In Joined Cases 109/63 and 13/64

THE COURT (Second Chamber) composed of: A. M. Donner, President, R. Lecourt and R. Monaco, 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

CASE 109/63

1. Infringement of Article 102 (1) of the Staff Regulations

2. Infringement of the last sentence of Article 5, of Annex I to the Staff Regulations and of the decisions of 29 July 1963 relating to the definition of duties and powers

CASE 13/64

Admissibility

The substance

IV — Procedure

Grounds of judgment

The naming of the defendants as parties

Application to annul the decision of the Commission of 12 June 1962 classifying Mr Muller in Grade Bl, Step 6

Application for annulment of the implied decision of refusal to re-grade him and the request for a declaration that the Commission is under an obligation to classify Mr Muller in a particular grade

The claim for payment of arrears of salary and for damages and interest thereon

The application for the annulment of the decision of Mr Van Gronsveld withdrawing from Mr Muller the right to deputize for the Head of the Salaries and Missions Division

The application to annul the decision of the Commission of 29 July 1963

The claim for payment of one Belgian franc for non-material damage

Costs

I —. Facts

II —. Conclusions of the parties

1. annul the implied decision of refusal of his request of 28 August 1963;

2. annul his appointment to the extent that it classified him in Grade B1 at Step 6;

3. declare that the Commission must reclassify the applicant in Grade A5, and at the step which he is entitled with effect from 1 January 1962;

4. order the Commission to pay the applicant by way of arrears of salary the sum of one franc subject to the right to amend this sum as he may deem necessary during the course of the proceedings;

5. order the Commission to pay the applicant by way of damages and interest thereon for non-material damage the sum of one franc subject to the right to amend the sum as he may deem necessary in the course of the proceedings;

6. order the Commission to bear the costs;

3. and 4. declare that the Commission must reclassify the applicant in Grade A 5 at the step to which he is entitled with effect from 1 January 1962 or at least from 28 August 1963 with all legal consequences; in particular with reference to arrears of salary;

—. dismiss Mr Muller's application as being inadmissible;

—. declare the appeal to be unfounded ;

—. order the applicant to bear the costs in accordance with the relevant provisions.

—. declare that the appeal is inadmissible to the extent that it challenges the appointment of Mr Muller as an official in Grade B 1.

1. annul the decision of Mr Van Gronsveld of 11 September 1963 to withdraw from him his permission to deputize for Mr Blenkers, Head of the Salaries and Mission Expenses Division;

2. annul the said decision if it is held to be based on the decision of the Commission of 29 July 1963;

3. declare that the Commission owes the applicant the sum of 1 BF for non-material damage;

4. order the Commission to bear the costs.

—. dismiss the appeal as being inadmissible and in all respects unfounded ;

—. make an appropriate order as to costs;

III —. Submissions and arguments of the parties

1. Infringement of Article 102 (1) of the Staff Regulations

2. Infringement of the last sentence of Article 5, of Annex I to the Staff Regulations and of the decisions of 29 July 1963 relating to the definition of duties and powers

1. Nature and purpose of the contested decisions (decision of Mr Van Gronsveld of 11 September 1963 and decision of the Commission of 29 July 1963)

2. The right of the applicant to bring proceedings against the decisions in question and his legal interest in such proceedings

IV —. Procedure

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; Having regard to the Staff Regulations of the European Communities, especially Articles 5, 91, 102 and Annex I; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, especially Article 69, THE COURT (Second Chamber) hereby:

1 dismisses Joined Applications 109/63 and 13/64 as being inadmissible or unfounded;

2 orders the applicant to bear the costs, with the exception of the costs of the Commission.