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