Parties
Grounds
Decision on costs
Operative part
Parties
IN CASE 91/76 R ,
JOELLE DE LACROIX , REPRESENTED BY NICOLA CATALANO , ADVOCATE , OF ROME , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , CENTRE LOUVIGNY ,
APPLICANT ,
V COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , REPRESENTED BY A . VAN HOUTTE , ACTING AS AGENT ,
DEFENDANT ,
Grounds
1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE ANY SUSPENSION OF OPERATION IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE .
2 AS TO THE NATURE OF THE MEASURE APPLIED FOR , PROVISIONAL ADMISSION TO THE TESTS IN QUESTION WOULD AMOUNT NOT TO A SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE BUT TO A COMPLETE REVERSAL , EVEN THOUGH ONLY PROVISIONAL , OF SUCH A NATURE AS TO DENUDE THE MAIN ACTION OF ITS PURPOSE .
3 THEREFORE THE COURT HAS JURISDICTION ONLY TO SUSPEND , IF NECESSARY , THE ENGAGEMENT PROCEDURE IN PROGRESS .
4 SUCH A SUSPENSION WOULD INVOLVE SERIOUS DIFFICULTIES FOR THE DEFENDANT , SINCE THE PROCEDURE , AS SET FORTH IN THE DEFENDANT ' S UNDISPUTED STATEMENT , IS AIMED AT TEMPORARILY FILLING AS SOON AS POSSIBLE THREE VACANT POSTS IN A SECTION WHICH COMPRISES EIGHT POSTS IN ALL .
5 FURTHERMORE ANY SUCH SUSPENSION WOULD ALSO INVOLVE SERIOUS INCONVENIENCE FOR THE OTHER CANDIDATES .
6 IN THESE CIRCUMSTANCES , IT IS NECESSARY , UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , TO EXAMINE ' THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE . . . MEASURES ' APPLIED FOR .
7 TO THE EXTENT TO WHICH THEY WERE SET OUT AT THE HEARING , THE GROUNDS ALLEGED RAISE TWO QUESTIONS , FIRST WHETHER ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS APPLIES , IF ONLY BY ANALOGY , TO THE PROCEDURE IN DISPUTE , AND SECONDLY WHETHER THAT PROVISION REQUIRES THAT THE DECISIONS REFERRED TO IN THE FOURTH PARAGRAPH - WHICH THE CONTESTED DECISION MIGHT BE REGARDED AS RESEMBLING - SHOULD BE ACCOMPANIED BY A STATEMENT OF THE REASONS ON WHICH THEY ARE BASED .
8 IN VIEW FIRST OF THE DISADVANTAGES OF A SUSPENSION AND SECONDLY OF THE QUESTIONABLE NATURE OF THE GROUNDS ALLEGED , THERE IS NO CASE FOR SUSPENDING THE PROCEDURE .
9 THEREFORE THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
10 IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
BY WAY OF INTERLOCUTORY DECISION , HEREBY ORDERS :
1 . THE APPLICATION IS DISMISSED ;
2 . COSTS ARE RESERVED .
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