JUDGMENT OF 11. 5. 1978 — CASE 34/77 OSLIZLOK v COMMISSION

In Case 34/77

THE COURT (First Chamber) composed of: G. Bosco, President, J. Mertens de Wilmars and A. O'Keeffe, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

Application

A — Infringement of Article 50 of the Staff Regulations and disregard of the rights of the defence

B — Infringement of the second paragraph of Article 25 of the Staff Regulations

C — Misuse of powers and infringement of Article 50 of the Staff Regulations

Defence

A — Misuse of powers

B — Infringement of Article 50 and disregard of the rights of the defence

C — Absence of any statement of reasons

D — Absence of any interests of the service

Reply

A — Infringement of Article 50 of the Staff Regulations and disregard of the rights of the defence

B — Absence of any statement of reasons

C — Misuse of powers and infringement of Article 50 of the Staff Regulations

Rejoinder The objection of inadmissibility

A — Infringement of Article 50 and disregard of the rights of the defence

B — Absence of any statement of reasons

C — Absence of any interests of the service and misuse of powers

Decision

(a) The reorganization of the Directorate General for Regional Policy

(b) The decision to retire the applicant

(c) The Commission's decision not to assign the applicant to another post

Costs