Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 10/82 R
SVEN-OLE MOGENSEN , CARL WALTENBURG , LENE OEHRGAARD AND JEAN-LOUIS DELVAUX , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JYTTE THORBEK , OF THE COPENHAGEN BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH , 2 RUE GOETHE ,
APPLICANTS ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JOHANNES F . BUHL , ITS LEGAL ADVISER , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , NAMELY AN INJUNCTION PROHIBITING THE MAKING OF ANY APPOINTMENT TO THE POST OF REVISER DECLARED VACANT BY NOTICE NO COM/1144/80 UNTIL JUDGMENT IS GIVEN IN THE MAIN ACTION IN WHICH THE APPLICANTS HAVE CHALLENGED THE LAWFULNESS OF THE DECISION OF THE COMMISSION REJECTING THEIR APPLICATIONS FOR THE SAID POST ,
Grounds
1 A JUDGE BEFORE WHOM A REQUEST FOR THE ADOPTION OF INTERIM MEASURES IS BROUGHT , HAVING HEARD THE ARGUMENTS SET OUT BY THE PARTIES , MUST RESTRICT THE SCOPE OF HIS CONSIDERATION EXCLUSIVELY TO THE GROUNDS CAPABLE OF ESTABLISHING THE EXISTENCE OF URGENCY .
2 FROM THAT POINT OF VIEW IT MUST BE NOTED FIRST OF ALL THAT THE POST IN DISPUTE HAS ALREADY BEEN FILLED AND THAT , HAVING REGARD TO THE FACTS AT THE PRESENT TIME , THERE IS NO LONGER ANY REASON TO GRANT THE MEASURE REQUESTED .
3 ALTHOUGH THAT FINDING HAS NO EFFECT WHATEVER ON THE JUDGMENT TO BE GIVEN IN THE MAIN ACTION AND ON ANY CONSEQUENCES WHICH IT MAY HAVE , IT IS APPROPRIATE TO TAKE NOTE OF THE FACTUAL SITUATION AND TO DISMISS THIS APPLICATION SINCE IT IS NOW DEVOID OF PURPOSE .
Decision on costs
COSTS
4 IN THESE CIRCUMSTANCES THE COSTS MUST BE RESERVED .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE THIRD CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ,
BY WAY OF INTERLOCUTORY DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .
2.THE COSTS ARE RESERVED .
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