JUDGMENT OF 21. 11. 1974 — CASE 1/74 GIRY v COMMISSION

In Case 1/74

THE COURT (Second Chamber) composed of: Mackenzie Stuart, president of Chamber, H. Kutscher and M. Sørensen (Rapporteur), judges, Advocate-General: A. Trabucchi Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

Admissibility

Substance

Law

Admissibility

On the substance

Costs

1 Article 2 of the Regulation provides:1. Until 30 June 1973, the Institutions of the Communities are authorized, in the interests of the service and in order to meet requirements resulting from the accession to the European Communities of new Member States, to adopt for their officials in Grades A 1 to A 5 inclusive measures terminating the service of officials, as provided for in Article 47 of the Staff Regulations, under the conditions provided hereinafter. … 2. Where an institution intends to take the measures provided for in paragraph 1 in respect of officials other than A 1 and A 2, it shall, without prejudice to paragraph 3, draw up a list of the officials to be affected by such measures in each grade, after consulting the Joint Committee, taking into account the officials' ability, efficiency, conduct in the service, family circumstances and seniority. … 3. If the interests of the service permit, the institution shall take into account the requests of officials that their service be terminated under paragraph 1. …

2 The following is an extract from the minutes of the meeting of the Commission on 13 February 1973:The Commission was informed by Mr Borschette of requests that their services be terminated from officials in the Language Service, an official paid out of research funds and officials on leave on personal grounds. The Commission decided to take the attitude that the possible termination of the services of officials belonging to the above classes of officials accords neither with the spirit nor with the letter of Regulation 2350/72 and that the provisions of the Regulation are therefore not applicable to such officials. The Commission instructs the Directorate-General for Personnel and Administration, under the authority of Mr Borschette, to write a letter of refusal to these applicants and to give the reasons therefor. The wording of this letter shall be approved by the Legal Department.

3 Translator's Note: par priorité has not been translated in the English version of Article 2 (3) of Regulation No 2530/72.