JUDGMENT OF 17. 11. 1965 — CASE 20/65 COLLOTTI v COURT OF JUSTICE

In Case 20/65

THE COURT (First Chamber) composed of: L. Delvaux (Rapporteur), President of Chamber, A. Trabucchi and R. Lecourt, Judges, Advocate-General: K. Roemer Registrar: H. J. Eversen, Assistant Registrar

gives the following

JUDGMENT

I — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

IV — Procedure

Grounds of judgment

I — Admissibility

II — Costs

I —. Facts

II —. Conclusions of the parties

A. In his application the applicant claims that the Court should:

B. In its application on a procedural issue the defendant contends that the Court should:

C. In his observations on the application on a procedural issue the applicant submits that the Court should:

III —. Submissions and arguments of the parties

A. The applicant alleges that the letter of 18 February 1965 must be considered as a final measure (acte définitif) adopted by the Court as an institution and that the Registrar acted as an agent of the Court in his capacity of head of the administration.

B. On 8 May 1965, the defendant lodged an application on a procedural issue under Article 91 of the Rules of Procedure, contending that the main application was inadmissible because it was out of time.

C. (1) The applicant replies that the defendant's application on a procedural issue is in fact a preliminary objection on the ground of inadmissibility based on Article 91 of the Rules of Procedure. In the official German text of the Rules of Procedure of the Court the words procedural issue (incident) and preliminary objection (exception) appearing in Article 91 are translated by Zwischenstreit and Prozeßhindernde Einrede. This latter term, which literally means objection raising an impediment to the proceedings, is taken from paragraph 274 of the German Code of Civil Procedure (Zivilprozeßordnung), which is still in force, by virtue of the reference made to it in paragraph 173 of the German Code of Procedure before the Administrative Court (Verwaltungsgerichtsordnung). The preliminary objection on the ground of filing proceedings out of time does not appear among the seven (provided for in Article 274. The applicant concludes from this that within the Community system of procedure there is thus doubt as to whether the defendant's application is admissible. (2) The applicant next alleges that the defendant's application on a procedural issue is unfounded. The dates of 7 July or 21 July 1964 cannot be used as points of departure for a period of time which applies to the bringing of an application. In fact the documents sent on these dates were sent without signature and without an accompanying letter, simply as information. Moreover, these documents concern the implementation of the operative part of the judgment in Case 70/63 and not the application of principles of interpretation which might be deduced from its grounds. Finally, the fact that the applicant accepted his salary without reservation for several months cannot constitute acquiescence giving rise to the forfeiture of his (rights in the present action. The Court has stated this directly in the Mirossevich case, and indirectly in many cases involving officials who had with out reservation accepted for many months the salary of the grade assigned to them and had this grade amended by the Court.

IV —. Procedure

I —. Admissibility

II —. 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 Treaty establishing the European Coal and Steel Communitv: 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 officials of the European Coal and Steel Communitv. especially Articles 90 and 91; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT (First Chamber) hereby:

1 Dismisses Application 20 /65 as inadmissible;

2 Orders the parties to bear their own costs.