JUDGMENT OF 8. 7. 1965 — CASE 49/64 STIPPERGER v HIGH AUTHORITY

In Case 49/64

THE COURT (First Chamber) composed of: R. Lecourt (Rapporteur), President, L. Delvaux and A. Trabucchi, 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 — Summary of the submissions and arguments of the parties

IV — Procedure

Grounds of judgment

The request concerning the classification of the applicant

The request concerning the disputed documents appearing in the applicant's personal file

Costs

I —. Facts

II —. Conclusions of the parties

1. Declare the present appeal admissible;

2. On the substance of the case, hold it to be justified:

3. Order the defendant to pay the costs of the proceedings.

1. order that the documents numbered 110, 115 and 116 should be removed from the applicant's personal file.

2. Reject the conclusions of the defendant and find for the applicant on the basis of the conclusions in the originating application;

—. dismiss the appeal in its entirety as unfounded;

—. order the applicant to pay the costs, the expenditure incurred by the High Authority remaining however its own responsibility in accordance with Article 70 of the Rules of Procedure.

III —. Summary of the 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 Protocol on the Statute of the Court of Justice of the European Coal and Steel Community; Having regard to the Staff Regulations of the European Coal and Steel Community and its implementing provisions; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, especially Article 69; THE COURT (First Chamber) hereby:

1 Dismisses Application No 49/64 as unfounded;

2 Takes note that the defendant is to remove from the applicant's personal file documents numbered 110, 115 and 116 which have appeared therein;

3 Orders the defendant to pay the costs of the proceedings.