Opinion of Mr advocate-general Roemer

Mr President,

Members of the Court,

The applicant in the proceedings on which I shall comment today has been in the service of the European Parliament since 10 October 1966. He was initially employed as a member of the auxiliary staff, then from 1 March 1967 he was employed as a member of the temporary staff; he acquired the status of an official with effect from 1 March 1969. At present the applicant is employed as an assistant translator in Grade L/A 7 in the Italian section of the translation directorate of the European Parliament.

In this directorate a post as a translator in Career Bracket L/A6-L/A5 in the Italian section was advertised from 7 July 1971 by Vacancy Notice No 542. It was to be filled through transfer or promotion. Applications were to be submitted by 20 July 1971. Applications for the post were submitted by the applicant and Mrs Dell'Omodarme, another assistant translator of Italian mother tongue in the translation directorate of the Parliament. The position was filled by means of a Decision of the President of the Parliament of 7 September 1971 promoting the other candidate to Grade L/A6 with effect from 1 October 1971. On 8 October 1971 that decision was communicated to the staff of the Parliament by posting.

The lawfulness of the decision is at issue in the present proceedings; that is to say, the applicant considers that there are various grounds for doubting the legality of the decision adopted. He accordingly applied to the Court by an application submitted on 8 November 1971.

He claims that the Court should take the following action:

I shall now consider the attitude to be taken to these claims.

1 Translated from the German.