JUDGMENT OF 5. 5. 1966 — JOINED CASES 18 AND 35/65 GUTMANN v COMMISSION

In Joined Cases 18 and 35/65

THE COURT (First Chamber) composed of: L. Delvaux, President, A. Trabucchi and R. Lecourt (Rapporteur), 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

A— In Case 18/65

B — In Case 36/65

III — Summary of the arguments and submissions of the parties

1. The suspension

1. The suspension

(a) Complaint of infringement of Article 25 of the Staff Regulations

(b) Complaint of infringement of Article 88 of the Staff Regulations

(c) Complaint of infringement of Article 86(3) of the Staff Regulations

2. The decision of transfer

B — The prejudicial character of the suspension and transfer decisions

C — The legality of Vacancy Notice V/IS/40/65

D — Legality of the Commission's decision of 20 and 21 January 1965 and 13 May 1965 concerning the disciplinary action with regard to the applicant

(a) Complaint of violation of the rule non bis in idem

(b) Complaint of infringement of the third paragraph of Article 88 of the Staff Regulations

(c) Complaint of infringement of Article 25 of the Staff Regulations

(d) Misuse of powers

E — The prejudicial nature of the decisions of 20 and 21 January 1965 and 13 May 1965

IV — Procedure

Grounds of judgment

The application for annulment of the decision of the Commission of the EAEC of 5 February 1965, notified on 18 February 1965, rejecting the applicant's complaint concerning two previous decisions to suspend and to transfer him

The claim concerning Vacancy Notice No V/IS/40/65

The complaint concerning the decision of the Commission of the EAEC of 20 and 21 January 1965, and the decision of the Commission of the EAEC of 13 May 1965

The request for damages

The subsidiary conclusions

Costs