JUDGMENT OF 28. 5. 1980 — JOINED CASES 33 AND 75/79 KUHNER ν COMMISSION

In Joined Cases 33 and 75/79

THE COURT (Third Chamber) composed of: H. Kutscher, President, J. Mertens de Wilmars and Lord Mackenzie Stuart, Judges, Advocate General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Conclusions of the parties

Case 33/79

Case 75/79

III — Summary of the submissions and arguments of the parties

A — Admissibility of the appeals

B — The substance of the two applications

I — The annulment of the contested decisions

1. The applications

(2) Failure to observe the rights of the defence

(3) Infringement of Articles 5 and 7 of the Staff Regulations

(4) Breach of the administration's duty to look after the well-being of officials (Fürsorgepflicht)

2. The defences

3. Reply

4. Rejoinder

II — The claim for damages

IV — Oral procedure

Decision

I — The subject-matter and admissibility of the actions

II — The substance

A — The annulment of the decision relating to the applicant's posting

The first submission

Second and third submissions

Fourth submission

B — The claim for compensation

Costs