JUDGMENT OF 15. 12. 1966 — CASE 62/65 SERIO v COMMISSION

In Case 62/65

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

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

II — Conclusions of the parties

1. Procedure

2. The substance of the case

III — Submissions and arguments of the parties

A — Admissibility

B — The substance of the case

IV — Procedure

Grounds of judgment

I — Admissibility

II — The substance of the case

A — The request for annulment of the appointment of the candidate Mr Van Cauwenberg

B — The request for annulment of the appointment of the candidate Mr Petrucco

C — The claim for compensation

D — The applicant's remaining conclusions

E — The request for the production of documents

III — Costs

I —. Facts

II —. Conclusions of the parties

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

B —. In its statement of defence the defendant contends that the Court should:

C —. In his reply the applicant claims that the Court should:

D —. In its rejoinder the defendant contends that the Court should:

III —. Submissions and arguments of the parties

A —. Admissibility

B —. The substance of the case

1. Complaint of infringement of Article 27 of the Staff Regulations

2. Complaint of non-communication of the reasons on which the decision was based and of absence of such reasons

3. Request for the production of documents

4. Claim for damages

IV —. Procedure

I —. Admissibility

II —. The substance of the case

A —. The request for annulment of the appointment of the candidate Mr Van Cauwenberg

B —. The request for annulment of the appointment of the candidate Mr Petrucco

C —. The claim for compensation

D —. The applicant's remaining conclusions

E —. The request for the production of documents

III —. 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 Articles 151 and 152 of the Treaty establishing the EAEC; Having regard to the Protocol on the Statute of the Court of Justice of the EAEC; Having regard to the Staff Regulations of Officials of the EAEC, especially Articles 7, 27 to 30, 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 Annuls the appointment of Mr Eugenio Petrucco as administrator in the Personnel Department of the Karlsruhe establishment of the Joint Research Centre;

2 Orders the defendant to pay to the applicant the sum of one hundred and fifty thousand Belgian francs by way of damages;

3 Orders the defendant to pay the costs of the proceedings, with the exception of those incurred by the applicant in Application 62/65 R for the adoption of an interim measure.