JUDGMENT OF 30. 5. 1973 — CASE 49/72 DRESCIG v COMMISSION

In Case 49/72

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 procedure

III — Submission of the parties

IV — Pleas and arguments of the parties

1. Infringement of Article 5 of the Commission's Decision of 26 February 1971 and of the second paragraph of Article 87 of the Staff Regulations

2. Description of the facts

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

Grounds of judgment

As regards the pleas based upon infringement of Article 87 of the Regulations and of the Commision's Decision of 26 February 1971

On the plea based on erroneous description of the facts

As regards the pleas based on the infringement of Articles 8 and 9 of Annex IX of the Regulations

Costs