JUDGMENT OF 16. 6. 1965 — JOINED CASES 48/64 AND 1/65 BRUS v COMMISSION

In Joined Cases 48/64 and 1/65

THE COURT (Second Chamber) composed of: A. M. Dormer, 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

On admissibility

On 15 July 1964, the date on which the President of the Commission promised an early decision, there could be no question of an implied decision of rejection; moreover good faith must prevail in relations between the defendant and its staff.

IV — Procedure

Grounds of judgment

Admissibility

On the substance of the case

I —. Summary of the facts

II —. Conclusions of the parties

1. Annul the implied decision of the Commission of the EEC so far as it by implication rejected the applicant's request and refused to integrate him in Grade A5, with all the legal consequences thereof, as from 1 January 1962;

2. So far as is necessary, annul the defendant's decision of 12 December 1962, whereby the applicant was established in Grade B1, Step 3;

3. Rules that the applicant should be established in Grade A5, Step 3, with all the legal consequences thereof, as from 1 January 1962;

4. Order the Commission of the EEC to pay to the applicant the arrears of salary which, taking account of his grade, are due to him since 1 January 1962;

5. Order the Commission of the EEC to pay to the applicant by way of compensation interest at a rate to be fixed by the Court on the arrears of salary due;

6. Order the Commission of the EEC to pay the costs;

7. Take official note that the applicant reserves the right to adduce fresh evidence in support of his submissions during the course of the proceedings and taking into account the arguments of the Commission of the EEC.

1. Declare Application 48/64 to be inadmissible;

2. In any event, dismiss Applications 48/64 and 1/65 as being without foundation;

3. Order the applicant to bear the costs in accordance with the relevant provisions.

III —. Submissions and arguments of the parties

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 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 48/64 as inadmissible;

2 Dismisses Application 1/65 as unfounded;

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

1 Translator's Note: This word does not in fact appear in the English version of the Staff Regulations.