JUDGMENT OF 15. 12. 1965 — CASE 15/65 KLAER v HIGH AUTHORITY

In Case 15/65

THE COURT (First Chamber) composed of: L. Delvaux (Rapporteur), President of Chamber, A. Trabucchi and R. Lecourt, Judges, Advocate-General: J. Gand Registrar: A.Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

Schedule

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Admissibility

B — The substance of the case

IV — Procedure

Grounds of judgment

A — Admissibility

B — The substance of the case

C — Costs

I —. Facts

I —. Duties of Mr Klaer in his capacity as Adviser to the High Authority on questions of transport

II —. Duties of Mr Klaer, Special Adviser, in his capacity as Assistant to the Director-General for Economy and Energy

II —. Conclusions of the parties

A —. The applicant claims that the Court should:

B —. The defendant contends that the Court should:

III —. Submissions and arguments of the parties

A —. Admissibility

1. The defendant maintains, first, that like the Director-General to whom he will offer more effective assistance in the future, the applicant remains an official in Grade A1.

2. Moreover, the complaint that the contested decision renders the applicant responsible for new tasks over and above the duties assigned to him under the authority of 12 March 1963 is not one which may validly foe put forward by an official. In support of this allegation, the defendant refers to French administrative case-law, according to which an official has no power to contest the decision of a superior which alters his duties without adversely affecting his status.

B —. The substance of the case

1. Infringement of an essential procedural requirement

2. Intra ligament of the provisions of the Staff Regulations of Officials

3. Ultra vires acts

4. The irregularity of the procedure employed in drawing up the decision in dispute

IV —. Procedure

A —. Admissibility

B —. The substance of the case

C —. Costs

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 ECSC; Having regard to Articles 5, 6, 7, 25, 90 and 91 of the Staff Regulations of Officials of the ECSC and Annex I thereto; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT (First Chamber) hereby:

1 Annuls the decision of the defendant institution of 2 December 1964, notified to the applicant on 16 December 1964, by which he was attached to the Directorate-General for Economy and Energy in the post of assistant to the Director-General;

2 Orders the defendant to pay the costs.