JUDGMENT OF 24. 2. 1965 — CASE 10/64 JULLIEN v COMMISSION

In Case 10/64

THE COURT (Second Chamber) composed of: A. M. Donner, President (Rapporteur), W. Strauß and R. Monaco, Judges, Advocate-General: J. Gand Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

Grounds of judgment

I —. Summary of the facts

II —. Conclusions of the parties

1. Rule that the implied decision rejecting his request of 4 December 1963 is null and void;

2. Rule that his appointment is null and void to the extent that it classified him in Grade B 1, Step 4;

3. Rule that the Commission must classify the applicant in Grade A5, and in such step thereof as is just, with effect from 1 January 1962;

4. Order the Commission to pay to the applicant the sum of one franc in respect of arrears of salary, the applicant reserving the right to amend this amount during the course of the proceedings;

5. Order the Commission to pay to the applicant the sum of one franc by way of compensation for non-material damage, the applicant reserving the right to amend this amount during the course of the proceedings;

6. Order the defendant to pay the costs.

—. declare that the application is inadmissible in so far as it is directed against Mr Jullien's appointment as an official in Grade B 1;

—. dismiss the application on all counts as unfounded;

—. make an order as to costs in accordance with the appropriate rules;

—. dismiss the application on all counts as unfounded;

—. make an order as to costs in accordance with the appropriate rules.

III —. Submissions and arguments of the parties

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 officials of the European Economic Community, 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 Articles 69 and 70; THE COURT (Second Chamber) hereby:

1 Dismisses Application 10/64 as unfounded;

2 Orders the applicant to bear the costs, with the exception of those incurred by the Commission.