JUDGMENT OF 18. 10. 1977 - CASE 25/68 SCHERTZER v PARLIAMENT

In Case 25/68

THE COURT (Second Chamber) composed of: P. Pescatore, Acting President of Chamber, Lord Mackenzie Stuart and A. Touffait, Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts

II — Procedure

III — Conclusions of the parties

IV — Submissions and arguments of the parties during the oral procedure

A — Admissibility

1. The naming of the defendants

2. The subject-matter of the dispute

3. The time limit for bringing an action

4. Conduct of the applicant

B — Substance

1. Infringement of provisions governing the employment of staff

2. Lack of a statement of reasons

1. Lack of competence

2. Lack of a statement of reasons

3. Misuse of powers

4. Disguised sanction

V — Oral procedure

Decision

State of the procedure

The subject-matter and admissibility of the action

Substance

The submission as to lack of competence

The submission based on an infringement of the provisions governing the employment of staff

Lack of a statement of reasons

The submission of misuse of powers

Costs