JUDGMENT OF 26. 5. 1971 — JOINED CASES 45 AND 49/70 BODE v COMMISSION

In Joined Cases 45 and 49/70

THE COURT (Second Chamber) composed of: A. Trabucchi, President of Chamber, P. Pescatore and H. Kutscher (Rapporteur), Judges, Advocate-General: A. Dutheillet de Lamothe Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

1. Admissibility

A — Conclusions formulated under heads 1 to 3 in Case 45/70

B — Request formulated under head 4 in Case 45/70

C — Case 49/70

2. The substance of the case

A — Belated communication and failure to give reasons for the decision rejecting the applicant's application for the post

B — Infringement of Article 4, 11, 27 and 29(1) and (2) of the Staff Regulations of Officials; misuse of powers

Grounds of judgment

I — Admissibility

1. Application 45/70

2. Application 49/70

II — The substance of Application 45/70

III — Costs