JUDGMENT OF 30. 5. 1973 — CASE 46/72 DE GREEF v COMMISSION

In Case 46/72

THE COURT (Second Chamber) composed of: P. Pescatore (Rapporteur), President of Chamber, M. Sørensen and A. J. Mackenzie Stuart, Judges, Advocate-General: A. Trabucchi Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of facts

II — Summary of the procedure

III — Submissions of the parties

IV — Pleas and arguments of the parties

A — As regards admissibility

B — As regards the main issues

1. Infringement of Article 5 of the Commissions decision of 26 February 1971 and of the second paragraph of Article 87 of the Staff Regulations.

2. Infringement of the rights of the defence

3. Infringement of Articles 8 and 9 of Annex IX of the Regulations

4. Erroneous description of the facts

5. The gravity of the disciplinary measure

6. Damages and interest

Grounds of judgment

As regards the admissibility of the application for revocation of the preliminary Decision to suspend

As regards the pleas based upon disregard of the rights of the defence and inparticular the violation of Article 87 of the Staff Regulations and of the Commission's Decision of 26 February 1971

On the arguments arising from erroneous description of the facts

As regards the arguments based on the violation of Articles 8 and 9 of Annex IX of the Regulations

As regards the seriousness of the disciplinary measure

Damages and interest

Costs