JUDGMENT OF 4. 2. 1970 — CASE 13/69 VAN EICK v COMMISSION

In Case 13/69

THE COURT (First Chamber) composed of: R. Monaco, President of Chamber (Rapporteur), A. M. Donner and J. Mertens de Wilmars, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

Admissibility

The substance of the case

A — The application for annulment

1. Infringement of the third paragraph of Article 7 of Annex IX to the Staff Regulations

2. Abuse of powers (alternative submission)

3. Misuse of powers (in the further alternative)

4. Wrong evaluation of facts (in the further alternative)

B — The claim for reimbursement of the costs occasioned by the disciplinary procedure (Article 10 of Annex IX to the Staff Regulations)

C — The claim for damages

Grounds of judgment

A — The application for annulment

(a) The submission of infringement of the third paragraph of Article 7 of Annex IX to the Staff Regulations

(b) The submission of misuse of powers

(c) Wrong evaluation of facts

B — The claim for reimbursement of costs occasioned by the disciplinary proceedings

C — The claim for damages

Costs