Avis juridique important
Order of the President of the Court of 23 December 1982. - Carlo Albertini and Mario Montagnani v Joint Nuclear Research Centre and Commission of the European Communities. - Case 338/82 R.
European Court reports 1982 Page 04667
Parties
Subject of the case
Grounds
Operative part
APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING
( RULES OF PROCEDURE , ART . 83 ( 2 ))
Parties
IN CASE 338/82 R
CARLO ALBERTINI AND MARIO MONTAGNANI , SCIENTIFIC OFFICERS AT THE JOINT NUCLEAR RESEARCH CENTRE AT ISPRA , REPRESENTED BY MR ANGELO ULGHERI , ADVOCATE , OF THE MILAN BAR , AND MR ROLAND MICHEL , ADVOCATE , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE AT THE CHAMBERS OF THE LATTER , 47 AVENUE DE LA LIBERTE ,
APPLICANTS ,
V
JOINT NUCLEAR RESEARCH CENTRE , ISPRA ,
AND
COMMISSION OF THE EUROPEAN COMMUNITIES ,
DEFENDANTS ,
Subject of the case
APPLICATION FOR THE SUSPENSION OF THE OPERATION OF VARIOUS DECISIONS OF THE HEAD OF THE APPLIED MECHANICS DIVISION OF THE JOINT NUCLEAR RESEARCH CENTRE UNDER WHICH THE APPLICANTS WERE FORBIDDEN TO HAVE LINKS IN THE COURSE OF THEIR DUTIES WITH CERTAIN EXTERNAL COLLABORATORS , OR TO TAKE PART IN A SCIENTIFIC CONFERENCE ORGANIZED BY THE UNIVERSITY OF CAIRO , OR TO PUBLISH A SCIENTIFIC PAPER AT THAT CONFERENCE AS WELL AS AN INTERNAL MEMORANDUM RELIEVING THE APPLICANTS OF THEIR RESPONSIBILITY FOR RESEARCH INTO THE DYNAMIC BEHAVIOUR OF MATERIALS ,
Grounds
15 THE URGENCY OF THE APPLICATION , LIMITED TO THE SUSPENSION OF THE DECISIONS OF THE HEAD OF DIVISION OF 7 OCTOBER AND 5 NOVEMBER 1982 CANNOT BE DISPUTED , GIVEN THE DATE OF THE CONFERENCE IN WHICH THE APPLICANTS WISH TO PARTICIPATE AND PRESENT THEIR PAPER .
16 IN ADDITION TO THE CIRCUMSTANCES GIVING RISE TO URGENCY , IT IS INCUMBENT ON THE APPLICANTS , BY VIRTUE OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , TO STATE THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURE WHICH THEY HAVE APPLIED FOR .
17 IN THIS RESPECT THE APPLICANTS RELY UPON THE DAMAGE WHICH WOULD BE CAUSED TO THEIR SCIENTIFIC CREDIBILITY BY THEIR HAVING TO WITHDRAW FROM THE CAIRO CONFERENCE , WHILST THEIR PAPER ALREADY APPEARS ON THE AGENDA AND A TIME APPROPRIATE TO THE IMPORTANCE OF THEIR CONTRIBUTION HAS BEEN ALLOCATED TO THEM FOR THE PURPOSE OF THE DELIVERY OF THEIR ADDRESS . THE DAMAGE CAUSED TO THEIR REPUTATION AS SCIENTISTS WOULD BE ALL THE GREATER SINCE THE CONFERENCE INCLUDES MANY SCIENTISTS OF WORLD-WIDE REPUTE IN THEIR SPECIAL FIELD .
18 ON THIS SUBJECT IT MUST BE NOTED THAT THE APPLICANTS , BY ALLOWING THEIR CONTRIBUTION TO BE INCLUDED IN THE CONFERENCE AGENDA AT A TIME WHEN THEY HAD NOT YET OBTAINED THE AUTHORIZATION REQUIRED BY ARTICLE 17 OF THE STAFF REGULATIONS AND BY ALLOWING IT TO REMAIN THERE DESPITE THE CRITICAL COMMENTS ON THEIR WORK MADE BY THE COMPETENT SUPERIOR AUTHORITY , HAVE PUT THEMSELVES , BY THEIR OWN ACTIONS , IN THE POSITION WHICH THEY REGARD AS PREJUDICIAL TO THEIR SCIENTIFIC CREDIT . THEY MAY NOT , THEREFORE , CLAIM TO FORCE THE HAND OF THE SUPERIOR AUTHORITY ON THE BASIS OF A SITUATION WHICH THEY CREATED VIS-A-VIS THIRD PARTIES ON THEIR OWN INITIATIVE AND WITHOUT ANY AUTHORIZATION .
19 IN VIEW OF THIS BEHAVIOUR WHICH IS INCOMPATIBLE WITH THE DUTIES OF SCIENTIFIC OFFICERS EMPLOYED IN A PUBLIC RESEARCH DEPARTMENT , THE APPLICANTS CANNOT BE HELD TO HAVE MADE OUT A CASE IN LAW , FOR THE PURPOSES OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , FOR THE SUSPENSION OF THE CONTESTED DECISIONS .
Operative part
ON THOSE GROUNDS ,
THE PRESIDENT OF THE SECOND CHAMBER , ACTING AS PRESIDENT OF THE COURT PURSUANT TO ARTICLES 96 ( 1 ), 85 ( 2 ) AND 11 ( 2 ) OF THE RULES OF PROCEDURE , HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION TO SUSPEND THE OPERATION OF THE DECISIONS OF THE HEAD OF THE APPLIED MECHANICS DIVISION OF THE JOINT NUCLEAR RESEARCH CENTRE OF 7 OCTOBER AND 5 NOVEMBER 1982 IS DISMISSED .
2 . A DECISION ON THE OTHER CLAIMS IS RESERVED .
3 . COSTS ARE RESERVED .
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